Playing fields win battle for empty lot

The Environment court ruled out plans to build a retirement village on this 2.9ha Mt Wellington block

The owner wanted to build a retirement village, but sports lovers will get new playing fields instead.

The Environment Court has ruled that empty land on a residential street in Mt Wellington should be used to fill a shortfall in Auckland winter sports grounds, dashing the owner's plans to build a home for 242 retired people.

Auckland City Council announced two years ago that it required the land at 30-44 Barrack Rd for a park, using powers given to local authorities under the Resource Management Act.

The 2.9ha site is owned by Villages of NZ, which has resource consent to use the land for a retirement complex.

In a decision just out, the court confirmed plans to build two full-sized soccer fields and a practice area - saying playing fields would benefit more people than a retirement village.

The new park had a controversial beginning in 2005 when it was revealed the council had done a deal to sell another park two or three kilometres away to Coca-Cola Amatil.

The Herald revealed the council and Mayor John Banks had agreed to sell Fisher Park to Coca-Cola for an undisclosed sum.

The council said at the time that it would use the proceeds to buy land for a new park in the Mt Wellington area.

It assured the court the project would go ahead after media reports of plans to cut spending on public works.

During the hearing, parks adviser M.C. Gallagher told the court the greatest problem faced by the council was catering for winter sport.

A children's play area and a 70-space carpark will be built with the new fields.

The plan was given tentative approval in March but the court sent the council away again to look at traffic and other issues.

Arguing for the landowner, lawyer Richard Brabant said the council should have given more thought to using alternative sites, such as one at 19-45 Banks Rd.

But Judge Laurie Newhook said that would have required the council to buy land from between three and eight owners, some of whom had already built on the land.

The council must still buy the land from Villages of NZ.

It can ask the Minister of Lands to invoke compulsory purchase powers if the parties cannot agree on a price.