Herne Bay, where Watercare sought to use part of Salisbury Reserve for the next two years.
Herne Bay, where Watercare sought to use part of Salisbury Reserve for the next two years.
A result has been declared in the battle between residents of New Zealand’s wealthiest suburb and Watercare Services over a local reserve being used as a construction laydown yard for two years.
The standoff related to a $1.2 billion pipe upgrade project to stop sewage flooding into the city’sbeaches after heavy rain.
But residents of Herne Bay, where average property prices are north of $3 million, were upset the project would require most of Salisbury Reserve to be seconded by Watercare for the next two years.
Gary Lane was one of the people opposed to aspects of the project.
Objectors included Gary Lane, who owns the upmarket Wairākei golf course near Taupō, marina owners Simon and Paula Herbert, property and agribusiness investor Nicsha Farac, writer Steve Braunias, former All Black Ali Williams, barrister Gary Gotlieb and Stephen Fisher, whose wife is interior designer Virginia Fisher.
While locals support a tunnel project to improve beach water quality, they don’t want to lose most of their local reserve if Watercare get approval to use it as a construction laydown yard.
Now, Watercare has been declared the victor, able to use the reserve as a construction support area for heavy equipment.
A notice sent to locals said: “Following an assessment of this application under the Resource Management Act 1991, a decision has been made to grant the application, subject to conditions of consent”.
After February hearings, an independent hearings panel chaired by Karyn Sinclair, with Hilke Giles and Kim Hardy, approved land use consent and water and discharge permits associated with building a 1.5km long and 2.1m diameter trunk sewer, and associated access shafts and pipe connections in Herne Bay.
All up, 15 parties opposed the application, four were neutral and three were in support.
“There is no dispute that the use of the reserve will change the relationship of the reserve users with that reserve for the duration of the construction support area activity,” the decision said.
Yet Watercare did not propose to use all the reserve, the commissioners said.
Salisbury Reserve - residents did not want this used as a construction support area or building equipment laydown yard. Photo / Doug Sherring
“The commissioners find that the construction support area does have an effect on the amenity of users of the reserve but do not find that this effect is significant given the duration of the activity, the availability of other useable spaces within the wider reserve area, the definitive timeframe being limited to 24 months, and the requirement to reinstate the reserve and remedy any damage,” the decision said.
The Herne Bay Residents Association (HBRA) noted that Salisbury Reserve was a well-used reserve. It supported the use of the area owned by Eke Panuku at Point Erin instead of the reserve.
Dirk Hudig, of the HBRA, considered the berms in Argyle and Salisbury streets could also be used but was concerned about the drainage of the reserve, which was quite wet in winter.
Watercre Central Interceptor inforamtion graphic. Photo / Watercare
Hudig said the project was needed to help achieve the outcomes sought in the network discharge consent.
He raised the issue that Watercare suggested this project would remove 80 per cent of the overflows and he considered this was an issue that needed monitoring to ensure the project achieved its intended objectives.
In response to the decision, Hudig said: “Much of our stuff was settled before the hearing. The ruling says Salisbury Reserve may be used by Watercare and Watercare is not required to install overflow measuring telemetry in the eight Herne Bay engineered overflow points. We were disappointed about the second bit but not surprised. We thought the commissioners may have supported that”.
Brady Nixon, for local residents Simon and Paula Herbert, said consent granted to Watercare did not include work at their property because that had been removed from the proposal.
The commissioners said in his submission, Nixon had “set out the implications of the works on the property including the likely removal of significant trees and other vegetation that provide privacy and the disruption to the property’s guest house”.
Watercare wants to use most of the reserve as well as Point Erin Park, temporary occupation of park land at 94 Shelly Beach Rd and reserve land at 19 Salisbury St.
Watercare chief infrastructure officer Steve Webster told the Herald in January that the proposed use of “a portion” of Salisbury Reserve was necessary.
The site, along with another laydown area on Shelly Beach Rd, was selected after comprehensive assessment based on several criteria. The laydown areas would support delivery of the Herne Bay sewer project, part of the western isthmus water quality improvement programme, Webster said in January.
Anne Gibson has been the Herald’s property editor for 24 years, has won many awards, written books and covered property extensively here and overseas.
