Consent obtained for 33 unit residential development in Avondale
Thu June 3rd 2021
Berry Simons assists developer to obtain consent for a 33 unit residential development in Avondale.
Simon Berry and Olivia Manning recently acted for Precise Homes North Shore Limited to obtain consent for a 33 unit residential development in Avondale, on a large site formerly occupied by the Avondale Bowling Club.
As a result of the previous bowling club use, the land is zoned for Open Space – Active Sport and Recreation so the development was required to be assessed as a non-complying activity, bringing into play the threshold tests in section 104D of the RMA. Given that housing would be contrary to the policies and objectives of the Recreation Open Space zone, the developer was required to demonstrate that the potential adverse effects would be no more than minor.
A number of submitters attended the hearing but were generally in favour of the development as being preferable to the unkempt derelict site which had played host to all manner of anti-social behaviour.
The Council’s section 42A report was favourable in almost all respects but recommended that consent be declined due to concerns about potentially adverse residential amenity effects on some immediate neighbours. This resulted in a number of specific design changes to address those effects without compromising the undoubted high quality of the development that were addressed in supplementary evidence from the developer’s project architect, urban designer and landscape architect.
These amendments were sufficient to enable the processing planner to accept that the residential amenity effects were minor at most and, to his credit, he altered his recommendation at the hearing to indicate that a grant of consent was appropriate. The consent was granted accordingly.
News & Updates
Largest yet solar farm approved by expert panel
Sue Simons chaired an Expert Panel which granted consents for the project in the North Waikato region.
Fri Feb. 9th 2024
Berry Simons celebrates another digital billboard victory
Berry Simons' Digital Billboard Team has another victory over Waka Kotahi - this time in Rotorua.
Fri Oct. 20th 2023
Sue Simons co-presents "Public Works Intensive" webinar
Sue Simons and Matthew Casey KC presented a webinar, hosted by the Auckland District Law Society, in August 2023.
Fri Aug. 11th 2023
Consents approved for managed fill in Huntly
An application for resource consent by Gleeson to establish and operate a managed fill and overburden disposal activity was granted in March 2023.
Fri April 28th 2023