Cactus Bay plan gets thumbs down

BY: DIANA WORTHY

Commissioners have refused resource consent for a dwelling to be erected at one of Waiheke Island's last almost "pristine" bays.

An application by Man O'War Station Limited to construct a dwelling on its land at Cactus Bay has been turned down following two days of public hearings just before Christmas last year.

The hearings had to be held because the application sought resource consent for non-complying activities under both operative and proposed district plans.

Man O'War Station wanted to build a single level dwelling at the eastern end of Cactus Bay on grass near the waterfront.

There is already a small farm building on the land, but it is barely visible on top of a hill.

Architect Jeffrey Fearon's proposal for the new dwelling was for a "pair of adjacent pavilions, massed as low pitched verandas", with an overall height of approximately 4.5 metres above natural ground level.

The two pavilions were to have been constructed of vertical band sawn timber cladding, left to weather silver grey, covered by a non-reflective roof of 429 square metres.

Metal joinery frames were planned for the windows, which would have had a non-reflective finish, ranging in colour from mid-grey to charcoal.

The building was to have been serviced by on-site water collection/storage and an on-site waste water disposal system.

A new access track had been planned that would have connected to the existing vehicular access above Cactus Bay, while accommodating an underground power and telecom supply.

But the independent commissioners decided the proposed dwelling would have more than minor effects on landscape and amenity values.

Their decision said that while some positive effects were accepted the overall effect would be significant.

It acknowledged Cactus Bay was not pristine, having been modified by human activity - mainly pastoral farming, but said it retained a high degree of naturalness and had acknowledged landscape values.

The decision said that had consent been granted the proposed stock, weed and pest management and replanting would have helped restore and rehabilitate some aspect of the coast's natural character - but that did not outweigh the adverse effects of putting a building on the land.

"It (Cactus Bay) is one of only a few bays on this coastline of Waiheke Island to be undeveloped by 'built form'.

"While it is acknowledged there is a dwelling and attached barn/shed overlooking Cactus Bay and out to sea, it is hardly visible and in no means dominant from the beach/bay area itself."

"In this respect there is no built form within the bay/beach area."

Commissioners decided enhancement to the natural character and landscape values could be achieved by excluding stock and weed control without putting the proposed building on the land.

And they said the application was a case where sustainable management would be better promoted by declining consent.

"Accordingly consent is refused," the decision concluded.

Lawyer Martin Williams of Key Chambers, representing Man O'War Station Limited, says his client is now considering appealing the decision in the Environment Court but is unwilling to comment further.

Hue Ross, one of the submitters who spoke out against the application at the hearings, is delighted to hear of the decision.

Mr Ross says if it goes to the Environment Court, there could be an opportunity for leverage.

He suggests that if Man O'War was to allow public access to its beaches at Owhiti, Cactus Bay, and Garden Cove, that might help it get permission for the dwelling.

People can contact Mr Ross to discuss the idea at hueross@slingshot.co.nz

Meanwhile, Environment Court appeals against an earlier decision to allow Man O'War Station Limited to construct a dwelling at Owhiti Bay are now in mediation.

 

- Waiheke Marketplace