Major development contributions objection upheld

Sue Simons and Tallulah Parker successfully challenged Auckland Council’s claim that Fletcher Residential Ltd, having spent millions on a Regional Sports Park and playground facilities at the Three Kings Precinct, should then pay development contributions for the very same infrastructure.

The Decision on an objection to Auckland Council's assessment of development contributions by a Development Contributions Commissioner agreed with Fletcher Residental’s legal submissions and evidence that Auckland Council was in breach of its statutory responsibilities under the Local Government Act 2002 and had erroneously interpreted its own Development Contributions Policy 2022, so as to effectively be ‘double-dipping’ by requiring both the physical works and then seeking cash for the same.

Importantly, there were 26 other objections on the same grounds for other developments within the Three Kings Precinct, so the Decision will enable Fletcher Resdential to reach an agreement with the Council so that no further assessments for development contributions will be levied for the Regional Sports Park and playground facilities at Three Kings.