Chris Gardner
The spectre of another Environment Court appeal could again loom over the Hastings District Council after its hearings committee unanimously approved a "small boutique winery" at Te Awanga larger than the 2500sq m the district plan allows as of right.
The 3913sq m development, which is within the Clive ward represented by Cr Rod Heaps, was given unanimous approval by the council's seven-strong committee yesterday, after a two-day hearing last week.
Cr Heaps, who was elected to the council in the middle of his own Environment Court appeal over plans for a luxury lodge within the Cape Kidnappers Outstanding Natural Feature, was opposed to yesterday's decision, although he did not serve on the hearings committee.
The committee's winery approval came just two weeks after the council was branded "uncompromisingly partisan" by the Environment Court for its stance in allowing US billionaire Julian Robertson's development.
"It's my gut feeling that it (the winery decision) will go to the Environment Court," Cr Heaps said.
"The building had not been integrated into the landscape and I am just disappointed that these councillors think the way they do. The submitters are the ratepayers and they are the ones that put the councillors there."
The Cape Kidnappers Protection Society, of which Cr Heaps is treasurer, had discussed expanding its remit to include coastal protection. No final decisions had been made by society members but the society could back an appeal.
During the hearing, German landowner Roger Weiss' expert witness, John Belsham, called the development a "small boutique winery" but his managing director, Greg Beacham, later told Hawke's Bay Today it was medium-sized.
Toby Nelson, one of seven objectors, said he thought some of the councillors would be against the plan in the light of the Cape Kidnappers decision. If others decided to appeal the case at the Environment Court, he would support them.
"The district plan needs reviewing," he said. "I am really shocked that they would allow a winery of that size for what was described in the hearing as a small boutique winery. It just seems, to me, totally unnecessary to have such a big building."
Fellow objector Andrew Caseley, whose family owns land adjoining the development site, would not rule out an appeal to the Environment Court. Mr Caseley said objectors would meet to discuss their options.
"We would like to read the council decision and take legal advice," he said.
Objector Paul Hursthouse said he was surprised and disappointed with the committee's decision.
"We are waiting for the council to notify its decision and review our options. We understand that there is the option to get the decision reviewed at the Environment Court," he said.
Objectors have 15 days to lodge any appeal.
Cr Derek Brownrigg initially said he had difficulty with the application, but changed his stance. "If this was declined, architect John Blair would come back with something just as artistic and professional as what he has already come up with," Cr Brownrigg said.
Cr Norm Speers was wavering between declining the consent and approving it. He said a 2500sq m building could be built as of right and councillors should focus on the effect of the additional volume in the proposal.
Cr Keriana Poulain was concerned with the precedent that allowing such a building to be erected would set, but council environmental manager Ian Macdonald said further applications must be judged on their merits.
The committee approved the application with the condition that the winery did not bottle wine grown by other wineries.
Disputed winery approved
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