Bird man takes fight to council hearing

Waikato District Council has appointed an extra commissioner to hear what could be a feisty resource management application next week from a Rotokauri man to keep and breed exotic birds.

Bird fancier Murray Powell has spent about $35,000 and gained national support in his efforts to be allowed to breed colourful cockatoos and parrots on his Bagust Rd property, which backs on to Hamilton Zoo.

The problem is, when the birds squawk, particularly on Sundays or public holidays, they risk transgressing the council's district plan rules for the rural zone, which require noise to be kept at about library levels.

Neighbour Helen Watson has lodged repeated complaints with the council about noise levels exceeding the district plan requirements, which has already prompted Mr Powell to build walls and re-site his aviaries. Under the Resource Management Act the council is obliged to avoid unreasonable or nuisance noise, prompting the need for a hearing.

At last week's full council meeting it was resolved that an extra commissioner, Phil Mitchell, would be appointed to join Alan Watson (no relation) in hearing the case in Ngaruawahia on November 9. Council chief executive Gavin Ion told the meeting that because the hearing decision was likely to be decided on subjective views as much as empirical evidence, Mr Watson felt it would be sensible to have an extra commissioner on board.

The full cost of the hearing is charged to Mr Powell rather than the council. The only other submitter to the consent application apart from the Watsons is Hamilton Zoo, which supports Mr Powell.