Tag Archives: Hearings committee

DCC consents subdivisions without full consultation on stormwater & drainage

Guidelines on the New Zealand Bill of Rights Act 1990
Introduction to sections 27(1) to 27(3): The right to justice Link

Introduction to sections 27(1) to 27(3): The right to justice
Section 27(1) The right to the observance of the principles of natural justice
Section 27(2) The right to a judicial review of determinations
Section 27(3) Proceedings involving the Crown same as proceedings between individuals

█ RE: COUNCIL LIABILITY AND RISK | COST TO PROPERTY OWNERS AND RATEPAYERS —Non-notified v Notified Resource Consents

GUILTY PARTIES:
Mayor and Councillors, Hearings Committee, Chair of Infrastructure Services Committee, Chief Executive, General Manager Infrastructure and Networks, General Manager Services and Development, Group Manager Water and Waste, City Planning, City Development Team, Resource Consents Team et al.

ODT 12.9.15 (page 30)

ODT 12.9.15 Letters to editor Baldwin Lewis Poole p30

Related Posts and Comments:
27.8.15 DCC: Non-notified … consent Leith Valley 19-lot subdivision #ULCA
7.6.12 Dunedin stormwater: more differences between ORC and DCC
[240 Portobello Road and more]

Posted by Elizabeth Kerr

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Dunedin (apartments) Hotel: Better ways to lipstick a pig

Dunedin Hotel proposed [via newstalkzb.co.nz]Dunedin Hotel proposed [stuff.co.nz]Dunedin Hotel proposed [screenshots from fly-by video by ARL]

Let’s “Articulate” the Dunedin waterfront, let’s sculpt and distort ideas of cheap tower design, or hey, we could use explosives. We’re not the first to think of it —the “prettying the tombstone” part.

This is late reply to the evidence to hearing from Auckland’s Jeremy Whelan of Ignite Architects, entitled Dunedin Hotel Design Direction Analysis, dated 18 March 2013, for Betterways Advisory Ltd (applicant).

Whelan presented 16 “exemplars” of “design directions” for the proposed tower at 41 Wharf Street. These outlined possible(?) cladding and modelling options —none of which were part of the actual application for resource consent. Previously, we had listened to Dunedin architect Francis Whitaker wax lyrical on the considerable merits of the slab design for an interminable three hours in submission —it would be an insult to call the pronouncements ‘evidence’. Unsurprisingly, by the time Whelan came to trot his stuff ALL had become uncomfortably strained in the Edinburgh Room despite a toothy semblance of tolerance shown by the hearing panel.

The following images are selected and scanned from photocopy evidence of Whelan’s 25-page PowerPoint presentation, thus drop-off in picture quality and sharpness. Nonetheless, you can see where he’s headed, to win the panel… (it simply wasn’t enough that Animation Research Ltd had removed the rail corridor to ‘contextualise’ the tower by rendering fake gulags up to its base).

The exemplars were presented in the serious hope that resource consent would be granted for a near 100-metre tall building that (at the time) had not been “designed” or detailed sufficiently clearly by the applicant.
Enjoy. [click to enlarge]

Dunedin Hotel Design Direction Analysis p2Exemplar 1 Smooth skin frameless glazed - W Hotel Barcelona Spain p3Exemplar 2 Mixed reflectivity - Boulevard Plaza, Dubai p4Exemplar 4 Overlaid facade modulation - Hearst Tower, New York p7Exemplar 5 Modulation with facade depth and materiality - Langham Xin Tian Di, China p9Exemplar 6 Banding using glass colour - Mandarin Oriental, Macau p10Exemplar 7 Accentuation of vertical form - Mandarin Oriental Las Vegas p11Exemplar 9 Horizontal detail with solar control - RBC Waterpark Place, Toronto p13Exemplar 10 Multiple colours and reflectivity - Ritz Carlton Las Vegas p14Exemplar 12 Building form clearly expresses base, middle and top - Shangri La Pudong Shanghai p18Exemplar 14 Crowning element - Sydney Tower proposed p20Exemplar 15 Strong horizontal delineation expressing each floor level - Main Admin Building Stadtsparkasse, Dusseldorf p21Exemplar 16 Solid elements expressed in facade - Novotel Auckland Airport p22Dunedin Hotel - 41 Wharf Street Dunedin, Conclusions p25

Betterways Advisory Ltd is a company directed by Steve Rodgers, a Dunedin solicitor. For a very short time Jing Song was appointed as a director of Betterways —her directorship started and ended (or so it appears) the same day that Wharf Street Property Ltd was incorporated.

From NZ Companies Office records:
Former Director (Betterways Advisory Ltd)
Full legal name: Jing SONG
Residential Address: 56 Old Coach Way, Rd 3, Drury 2579, New Zealand
Appointment Date: 05 Apr 2013
Ceased date: 05 Apr 2013

LMW Trust Ltd is the sole shareholder for both Betterways Advisory Ltd and Wharf Street Property Ltd. Steve Rodgers is co-director/shareholder for LMW Trust Ltd, with solicitor and vineyard owner Evan Moore. LMW Trust is a shareholder in other (wine-based) companies directed by Jing Song.

█ Further to Jeremy Whelan’s art of persuasion (gasp, where was the budget?) here’s a sample of manipulated images that might equally apply.

### dezeen.com 8 January 2014
Photographer Victor Enrich turns a Munich hotel upside down and inside out
A hotel in Munich is stretched, twisted, distorted and exploded in a series of 88 manipulated photographs by Spanish photographer Victor Enrich.
Enrich, who also works as a 3D architectural visualiser, based the series on one view of the Deutscher Kaiser hotel, a building he passed regularly during a two-month stay in the city. Some images show parts of the building turned on their sides, while others show sections of it duplicated or sliced away. Some shots show it curving into different shapes and some show it pulled it apart.
Describing the manipulation process, Enrich says: “What I basically do is create a 3D virtual environment out of a 2D photograph. The process involves capturing the perspective, then the geometry, then the materials and finally the lighting. The techniques I use are often described as ‘camera matching’ or ‘perspective matching’ and several 3D software packages provide functionalities that allow you to perform this.” He does a lot of the work by hand to “reach the level of detail needed to achieve high photorealism”.
Read more + Images

Deutscher Kaiser hotel, Munich - image by Victor Enrich [dezeen.com] 4aDeutscher Kaiser hotel, Munich - image by Victor Enrich [dezeen.com] 11aDeutscher Kaiser hotel, Munich - image by Victor Enrich [dezeen.com] 3aDeutscher Kaiser hotel, Munich - image by Victor Enrich [dezeen.com] 7aDeutscher Kaiser hotel, Munich - image by Victor Enrich [dezeen.com] 1a

Posted by Elizabeth Kerr

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DCC governance = management ?

QUESTIONS
Mayor & Councillors | City Property | City Planning | Strategy and Development Team | Council-owned Companies | Consenting Processes | Conflicts

On selling council-owned property…. [public notification restricted]

[Mr McLaren] told the Otago Daily Times he was not consulted about the proposal, in part because he was a commercial rival. However, he was also a resident living in a house that overlooked the proposed development site from Braeview Cres….

### ODT Online Tue, 30 Apr 2013
Anger over motor caravan park plan
By Chris Morris
The Dunedin City Council will consider allowing a new motor caravan park to be developed near Woodhaugh Gardens, just metres away from a rival camping spot. […] The New Zealand Motor Caravan Association has applied to the council for consent to establish the park at 51, 55 and 57 Woodhaugh St, on a vacant residential site next to houses and the Leith Stream. […] The proposal was deemed non-complying under the district plan, but attracted only four submissions – three of them opposed – after public notification was restricted to surrounding neighbours deemed to be affected.
Read more

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Only yesterday . . . [heading to non-notified consent]

### ODT Online Mon, 29 Apr 2013
New supermarket plan hailed
By Chris Morris
A planned multimillion-dollar supermarket development in Green Island could bring jobs and investment and trigger wider improvements in the area, a Dunedin city councillor says. Progressive Enterprises is in talks with the Dunedin City Council aimed at developing a Fresh Choice supermarket on land between Main South Rd and Shand St.
Read more

Related Post and Comments:
29.4.13 Green Island activity centre

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Last year . . . [non-notified application, loss of oldest brewery building on site]

### ODT Online Fri, 17 Aug 2012
Speight’s demolition to make way for expansion
By Chris Morris
Part of the Speight’s Brewery in Dunedin will be demolished to make room for the $29 million expansion of its operation. […] The company announced its intention to redevelop the brewery last year, after earthquake damage to the Canterbury Brewery, and began by relocating its Maltexo production plant to Dunedin in May this year.
Read more

### ODT Online Sat, 18 Aug 2012
Questions over consent for Speight’s
By Chris Morris
Heritage advocates are questioning why the public was not given a say about the demolition of a protected part of Speight’s Brewery in Dunedin.
Read more

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Property acquisition for the stadium and SH88 developments . . .
[the hornet’s nest]

### stuff.co.nz Last updated 18:04 20/11/2012
Dunedin City Council fined for road botch up
By Wilma McCorkindale – DScene
A High Court decision has slammed Dunedin City Council’s (DCC) handling of a roading realignment in the city, ordering the cash -strapped authority to pay affected parties more than $185,000 in costs. Justice Alan Mackenzie indicated in a written decision the legality of the stretch of State Highways 1 and 88 through the city remained in question because of the council’s botch up.
Read more

Judgment-221310 (PDF, 109 KB)

Related Post and Comments:
20.11.12 Dunedin City Council vs Anzide Properties decision: The road “has no legal basis”

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Then there was Delta . . . [property acquisition at Jacks Point and Luggate, which names in common]

### ODT Online Thu, 25 Apr 2013
Delta investigation ‘major’
By Chris Morris
The Office of the Auditor-general considers its investigation into land purchases by Dunedin City Council-owned company Delta to be one of its major inquiries for the coming year. Results of the investigation might not be made public for some months, at the earliest. The OAG’s draft annual plan for the 2013-14 year, published last week, detailed work planned for the 12 months from July 1. The plan listed the Delta investigation as one of the “major inquiries” to be reported on during the year. The investigation into Delta’s $14.12 million land purchases in 2008 and 2009 at Luggate, near Wanaka, and Jacks Point, near Queenstown, was confirmed last November.
Read more

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Dunedin: Developers stoop to resource consents instead of private plan change applications

Local resource management consultant/planners such as Allan Cubitt (also an independent commissioner that the Dunedin City Council calls on from time to time) and Don Anderson (Anderson & Co) are ‘chipping away’ at the Dunedin City District Plan zoning provisions with greater insistence out on the Taieri, in (surprise!) Cr Syd Brown’s patch, the Mosgiel Taieri ward.

We have the Veggie Boys application for retrospective resource consent coming to hearing on 10 April (see earlier post, Fresh veggies, a holiday mystery), hosted by Don Anderson. Meanwhile, DCC has allowed Veggie Boys to trade without resource consent since last year. There is some heat on the Council to clarify the planning issues (after a run of five non-notified consents involving Wallis Nurseries ‘destination’ developments, thus the notified application. DCC has sought a legal opinion but refuses to release it.

Veggie Boys Ltd (LUC-2012-563 Resource Consent Application)

There are only three submitters opposing the application. Wider than this application is the matter of “how much leeway” Wallis Nurseries have received from Council to extend their commercial retail activities – of which Veggie Boys is a part – in the rural zone, on high class soils. In particular, the development of ‘Wal’s Plant and Fun Land’ by fragmentary consenting processes, with the potential for cumulative adverse effects arising.

In its repeating, whole-page Easter advertising in the Otago Daily Times, Wal’s boasts there is now a commercial florist on site, and a “Great New Professional Driving Range for Golfers” has opened (a rather average flat farm paddock with cheap distance marking signs – something you’d normally want to crop, in a rural zone)…

It’s clear the land use is changing in a way that undermines the district plan Rural Zone provisions, and all without a private plan change application.

Will granting consent to Veggie Boys set a precedent that (widely) undermines zoning in the District Plan?

If consent is granted to Veggie Boys, is this the (surreptitious) track a supermarket chain would go down to open up for business outside Mosgiel’s Local Activity Area (LA1)? In a word…

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### ODT Online Tue, 2 Apr 2013
Saddle Hill house sites bid debated
By Debbie Porteous
The Dunedin City Council has been warned that if it grants consent for more residential development on the lower and middle slopes of Saddle Hill, the rest of the hill will soon follow.
But the consulting planner for developers planning two new subdivisions on the hill has told the council’s hearings committee he is not sure people care that much about it.
Read more

Interesting to read Allan Cubitt’s ‘planning’ assault on the Rural Zone, on behalf of developers wanting to subdivide the lower rise of Saddle Hill. To be taken with a pinch of salt, his badass statements include this on the lack of submissions from people living on the Taieri:

”I would suggest that they expect this type of development in this location and are not overly concerned about it, if they ever were … the lower/mid slopes of Saddle Hill do not appear to have a great deal of significance to residents in the area. I suspect the general public realise Dunedin is a hilly place so to restrict elevated building options within the city just because someone may see it, isn’t valid or appropriate.”

There’s a great deal of public sensitivity surrounding the future of Saddle Hill with regards to subdivision and quarrying – it is substantially a district plan zoning and landscape matter.

People leading busy lives – without time, knowledge and resources – should not be buried by DCC’s perpetual paperchase calling for an endless stream of submission-making on resource consents, spatial plan, district plan review, plan changes, whole city and area strategies, or other. On balance, we wouldn’t automatically or superficially conclude similarly to Mr Cubitt.

With Saddle Hill and the Taieri in general, it seems, a plan change process is far preferable to ‘chipping away’ by an ad hoc lingering resource consenting process, to assess the merits of land use (zoning) and to quantify the rural and landscape values for protection(s) against entirely foreseeable, wanton attempts to damage, modify or destroy the existing rural environment (cumulative adverse effects).

City Planning has its work cut out.

Perhaps note the commercial forces lined up in the background to pillage the Taieri Plain, Saddle Hill and Outram areas for Wanaka-like subdivisions (‘dippieville’ strikes again). Probably why you need a Veggie Boys now, to open the gate to was it (open-slather) ‘retail amenity’…

Cr Syd Brown has for years declared his hand in residential subdivision activity, squandering land for housing and own wealth. His developer friends and cousins seem to enjoy (oh so quietly) his ongoing patronage at council – as happens if ‘the movers’ can keep clipping tickets and to hell with high class soils, zoning rules, lack of stormwater drainage from the Mosgiel main street, and lack of appropriate swimming pool amenity, etc.

Cr Brown knows how to back-slap the Mosgiel-Taieri Community Board. We think it’s called control. We suggest Cr Brown has to go in the October elections, especially if through rugby and racing he is a fair-weather friend of Murray Acklin, Queenstown; a gentleman and his files currently under the stare of SFO.

Posted by Elizabeth Kerr

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Same again, Dunedin City District Plan about to be ignored

Just like the application for Prista Apartments in Princes St… pretend the District Plan never happened. Case in point too, the expansion of large retail into land formerly zoned industrial.

Stan Rodger is far from alone in his thinking.
Hello, all Commissioners of the DCC Hearings Committee.

“The DCC’s committee says it is of a mind to allow the consent to proceed, and what that means is that the district plan is meaningless, destroyed,” the former Dunedin North MP said yesterday.

### ODT Online Mon, 13 Sep 2010
Claim consent will destroy district plan
By Stu Oldham
The Dunedin City Council is passing the buck and in danger of consigning its own district plan to oblivion as it moves a step closer to approving a Mosgiel subdivision, retired MP Stan Rodger says.
Read more

Spot the delaying tactic too, the council’s interim “of a mind” thinking. This contrivance while the council gets its ducks in a line, along with all interim decisions, should be tested via the Environment Court. More and more, we see local authorities utilising interim decisions – what is the legality of these? A sop to “economic development” and to hell with everything else a community-consulted district plan stands for? Hmmm, maybe. But let’s test that.

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### ODT Online Mon, 13 Sep 2010
118-lot subdivision set for approval
By Stu Oldham
A plan for a residential development at Mosgiel with up to 118 lots seems set to be approved even though 35 of the proposed sections will be smaller than is allowed in the Dunedin district plan. The city council’s hearings committee appears likely to approve the three-stage development Otago Business Park Ltd proposes off Gladstone Rd North, but it wants more information before making a final decision.
Read more

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Stadium submissions on DCC LTCCP

### ODT Online Sat, 2 May 2009
Council facing flood of stadium submissions
By David Loughrey

The Awatea St stadium may be the subject of 500 of the more than 800 annual plan submissions to the Dunedin City Council next week, but with the contract to build the project already signed, their relevance appears to have waned.
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