Court says council blundered over waterfront house

The Environment Court has ruled against North Shore City in an appeal over planning for an Albany house being built on a section near the waterfront.

A couple got permission to build a house at Aberley Rd in the upper reaches of the Waitemata Harbour. They contracted Sovereign Homes to build a single-level, 223sq m house on the waterfront site next to Lucas Creek north of Herald Island.

They had council permission issued on a non-notified basis after commissioners decided the effects of the proposed house were insignificant.

But part-way through building work, the council called a halt to the development because of the site's location near the harbour. The site was near the coastal conservation area and an esplanade reserve and the council aims to protect the natural coastal character of areas like these.

After the concrete floor slab had been laid and service connections were in place, council officers decided the house would intrude by 3m into a "foreshore yard" and issued an abatement notice barring work from continuing.

So the couple went to the Environment Court, seeking a ruling to cancel the council's abatement notice and confirm that their existing resource consent was valid. In turn, the council objected to this move.

Judge Richard Bollard said the council had erred and that planning approval was given by a processing officer who acknowledged having no more than nine months' experience as a planner.

That officer failed to use the council's standard checklist and the council's processing system fell short, he ruled.

So the couple had their appeal upheld and the council's abatement notice was cancelled. The council must pay costs.