Court protects Owhiti land

DIANA WORTHY

AUCKLAND Regional Council and islanders are jubilant in the wake of a court decision to prevent two buildings on land deemed spiritually and ecologically significant.

The ruling to overturn resource consent for Man O'War Holdings to construct the dwellings on its land at Owhiti Bay was made by the Environment Court last week.

Waiheke Island Community Planning Group, the regional council and Blackpool marae committee members are all delighted by the decision.

The Spencer family, which owns Man O'War Holdings and farms extensive land in the eastern end of the island, says it will be considering future options.

The resource consent application from Man O'War to construct dwellings at Owhiti Bay was approved by hearing commissioners early last year, despite objections from Auckland City Council planners Blakey Scott Ltd and the regional council.

Man O'War, which also runs a flourishing wine business, wanted to construct a single-storey, three-bedroom holiday home and a detached single-storey guest pavilion beside an escarpment face on the southwest side of the bay.

Access would have been from an existing gravelled farm track and over grassed flats that lie behind the beach sand dunes.

Blakey Scott's Andrew Wilkinson maintained the proposal was non-compliant for various statutory reasons including its ecological significance and archaeological values.

Experts for Man O'War produced lengthy arguments for construction to go ahead.

They said earthworks would be minimal, the buildings would be designed to fit in with the landscape, and eco-sourced plantings would help reduce visibility from the sea.

They also tried to put fears to rest over the archaeological value of the site and its significance for Maori, saying the company was prepared to meet conditions and protocols agreed with the Ngati Paoa Trust Board that would act as safeguards.

Toi Te Rangiuaia (Paora), speaking for the Piritahi Marae Trust, presented an impassioned and spiritually-based plea for the land to be left as it was.

He told how the crouching burial of a mother and child at the site was shown to Man O'War's architect who, he claimed, had later left the significant discovery out of his report.

But commissioners subsequently granted consent, leading to the regional council's appeal in the Environment Court this year.

Judge Laurie Newhook has refused consent because the court decided the effects of the proposed buildings would be more than minor on the outstanding natural landscape and coastline environment.

Auckland Regional Council chairman Mike Lee is delighted.

"Another victory for the ARC and for our beloved Waiheke."

Waiheke Island Community Planning Group secretary Christopher Wragge believes the decision will have a significant effect on future planning for the island.

He says it reinforces why islanders need a separate spatial plan section in the supercity's proposed regional planning document.

"Our priorities demand different methodologies and categories from the isthmus."

Piritahi Marae kaumatua Wally Manahi is also pleased, agreeing with Mr Wragge that the decision could help the island maintain its character and priorities.

"A precedent has been avoided that would have seen no archaeological site safe from development on the island.

"Owhiti Bay and its surrounds are specifically protected under the proposed district plan. Allowing this project to proceed would have meant sites of similar significance on the island were open to be developed.

"It is great to see the Environment Court upholding the original decisions passed down by our planning officers based here on the island who recognised from the outset the project shouldn't be allowed to proceed.

"The marae would like to acknowledge the regional council and Mike Lee in particular for the effort made in appealing this case."

The Spencer family has also been quick to respond to the judgement.

"The family is disappointed and extremely saddened by the decision. We will have to consider our position and options going forward," they say.

An application to build on other land owned by the family in nearby Cactus Bay has also been denied resource consent, with an appeal by their company Man O'War Holdings Ltd yet to be heard in the Environment Court.

- Waiheke Marketplace