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Strong support for appeal to Environment Court



Mangawhai Matters has received strong support for its Environment Court appeal against aspects of the proposed Mangawhai Central development as approved with few restrictions by Kaipara District Council (KDC) in May.

The Northland Regional Council, New Zealand Fairy Tern Charitable Trust, Northland Transportation Alliance (NTA) and registered surveyor Peter David Rothwell from Bayswater in Auckland, have all filed to become “a party” to the Mangawhai Matters appeal. As such they can take part in the appeal proceedings and give evidence. Each has noted it has particular concerns about aspects of the Private Plan Change (PC78) that enables development of in excess of a thousand lots, where infrastructure and services are sorely lacking.

The “Initiator” of the appeal in this instance is Mangawhai Matters. There is another appeal “Initiator”, Mr Clive Boonham of Mangawhai, who has filed an appeal on issues separate to Mangawhai Matters.

The appeal process will commence with a potential mediation between those parties appealing PC78 (and now those who have “joined”), the “applicant” (developer) Mangawhai Central Limited, and the “respondent”, Kaipara District Council.

Mangawhai Matters Society Inc has advised the Environment Court that it agrees to court-assisted mediation. KDC, through its solicitor, has also agreed to mediation. Mr Boonham has indicated he will also support mediation. The “Applicant”, Mangawhai Central, had not indicated its decision at the time of this article going to press.

Those who have “joined” Mangawhai Matters in its appeal against aspects of the Plan Change will focus on the following issues at the appeal.

Northland Regional Council
· Wants to ensure that infrastructure, particularly for stormwater and potable water, is adequate to support the development allowed for in PC78

· Wants to ensure that all relevant provisions of NRC’s Regional Policy Statement are complied with and that PC78 is not inconsistent with regional plan provisions.

· It notes: “We support those elements of the appeal that seek to ensure water supply and stormwater disposal are appropriate because… the development is unlikely to be supported by reticulated potable water in the short to medium term, …in which case district plan provisions are required to ensure adequate on-site water supply is provided for a sustainable outcome.”

Northland Transport Alliance
· Is seeking a road connection from the development to Old Waipu Road and a connection to the proposed ring road that connects to Cove Road.

· The NTA wants additional traffic analysis to “better reflect” the enabled development and larger households than were incorporated into Mangawhai Central’s evidence. It wants to consider the impact of this on surrounding rural networks, particularly routes accessing SH1.

NZ Fairy Tern Charitable Trust
· The Trust opposes the development and says its position reflects the decision of Commissioners for the NRC in refusing consent to a wharf in the same arm of the estuary as the Mangawhai Central development. A similar ‘precautionary’ approach to fairy tern management was essential because there was no room for an experimental trial approach to the survival of the fairy tern, says the Trust.

· The Trust says: “The proposed intensive development so close to the Mangawhai Harbour risks long-term adverse effects on the ecology of the harbour and downstream consequences for the feeding areas of the NZ fairy tern.”

Mr Peter David Rothwell
· The lack of adequate stormwater treatment may lead to significant adverse effects on the Mangawhai Harbour; there are adverse effects on the wetlands and the resultant adverse effect on the Mangawhai Harbour.

· The potable and fire-fighting water supply for the Plan Change has not been proven.

· The effects on the local and feeder road network from PC78 have not been adequately addressed.

Mangawhai Matters
· Mangawhai Matters’ appeal will argue for increasing the section sizes to a minimum of 600sqm. This will better reflect the character of Mangawhai and alleviate many of the problems associated with intensive development, e.g. onsite rainwater harvesting, off-road boat and car parking, more onsite soakage, less demand on the yet to be built sewage system.

· During the site works the large ponds have kept our estuary clear in major downpours. However the ponds are to be filled in, built-on and another stormwater system installed. The developer’s own expert said that this would be “overwhelmed” in major weather events. Road runoff, rubbish and chemical waste will infiltrate our estuary. We need to do better.

With more than 200 members and so many more following on social media, the community is well aware of Mangawhai Matters’ efforts to promote sustainable growth befitting our coastal environment. Fighting for a better outcome for our community takes considerable time and money. We have been preparing detailed evidence and will need to employ at least one expert witness to give evidence. We need more people to give some financial support to spread the load. If you can help our Appeal Fund, please transfer your donation to Mangawhai Matters, ANZ Ponsonby, 01-0204-0160241-00. All donations will be gratefully received and acknowledged.

n Want to join the Mangawhai Matters Society Inc. as a member and have a say? It’s only $20 per family per year. Please make deposits to 01-0204-0160241-00. Following your payment please email us at mangawhaimatters@gmail.com giving us your name, phone, and address so we can keep in touch.

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