I am concerned that the ongoing development of the "rural" property at 145 Doctors Point Road, Waitati, appears to be killing the land with the death of a thousand cuts, without any intervention from the Dunedin City Council. While I appreciate that much can be done under the auspices of operating a site under the banner of "rural operations", it appears that the spirit of the zoning for a site can be dramatically perverted before any action can be taken.
Would the DCC care to confirm that it is continuing to monitor this site, and that it is "happy" with what is being done there? At what point is planning consent application going to be demanded?
I also copied this query to the Otago Daily Times.
The DCC kindly responded in writing as follows:
21 September 2006
Dear Lee,
RESOURCE MANAGEMENT ACT 1991 - DUNEDIN CITY DISTRICT PLAN -
145 DOCTORS POINT ROAD WAITATI
I am writing in response to your email of 12 September 2006 that identified concerns with activities on the above site. As noted in your email, there is a range of activities that can be carried out on the site that are consistent with the definition of `Farming Activity'. This would include earthworks for the creation of farm tracks and the removal of exotic vegetation. As a part of the site is a 'Coastal Habitat' the requirements of Rule 16.6 (attached) would also apply to activities on the site within 100m of the coastal marine boundary. The clearance of exotic vegetation and creation and maintenance of a public access walking track also appear to comply with this rule.
As requested, I can confirm the Council is currently monitoring the situation and at this time the activities on the site appear to comply with the requirements of the Dunedin City District Plan. As a result, although the site currently has the appearance of a subdivision, the Council is not able to require the landowner to make an application for resource consent or to cease or modify activities occurring on the site.
The owner has signalled with the Council an intention to establish residential activities on the site in the future. The Rural zoning that applies to the site under the Dunedin City District Plan means that this cannot occur without appropriate approvals. To establish residential activities the landowner may either seek a resource consent or apply for a private plan change to rezone the site. Regardless of the approach taken by the landowner to establish residential use, public notification and a public process that provides for submissions and a public hearing will be required and the activities currently being undertaken on the site that fall within the definition of Farming Activity will not influence the outcome of this process.
If you wish to discuss any matters discussed in this letter I can be contacted on 474 3688.
Yours faithfully
John Sule
Senior Planner
Nice at least to see recognition that "...the site currently has the appearance of a subdivision...". I hope that we can work with the DCC to ensure that the development continues to proceed according to the rules.
4 comments:
"The council has been monitoring the site and will continue to do so. The landowner has removed gorse and and is replanting with native plants and grass seed, and a track is being created along the coastal margin. The work being undertaken on the site does not breach the rules of the district plan, before the landowner can use the site for a purpose other than what is permitted by the District Plan, there is need to apply for and be granted either a resource consent or a private plan change"
As an update for all concerned and interested party's, grass and oats are being planted on the property soon (probably within the fortnight)Now instead of the description of "a property of a thousand cuts" as previously sloganed - Opeke can be recognized as a "re-generating area of native bush, farm crops, and a significant asset to the shores of our beautiful Bay" once again after many years of quiet dormancy.
By next winter Allan will have added an additional 25,000 new native plantings to the original 9000 that have been put in since the clearing of the land and the establishment of the premier foot-track open for the walking enjoyment of all. Originally the plan was for adding 15,000 natives this month, but with the dry weather conditions and gale winds we have had, the conditions have been less than ideal, so if the dry continues the plan will be pushed back to autumn planting for the entire 25,000 natives. The majority of them which are being raised by Mark Brown at Blueskin Nursery.
The earlier plantings are doing very well, and the track is a joy to experience. All are welcome, but please pick up after your pets if they come with you for the walk!
Finally, the land clearing is mostly complete and the property is in good heart!
Mike Wolfe
From: peter matheson
Date: Thu, 07 Dec 2006 10:03:10 +1300
To: pfreelan@dcc.govt.nz
Conversation: Opeke development, Waitati
Subject: Opeke development, Waitati
Dear Paul,
My partner, Heinke Sommer-Matheson and I are residents at 126 Doctor's Point Rd. We have not been in touch with you before about the Opeke development.
However, we are increasingly concerned at the massive disruption to our community by the industrial scale changes now taking place. From dawn to dusk we hear heavy machinery at work. Our small road is grossly overtaxed. This has now gone on all year.
We have seen the submissions by other concerned residents and agree with them. The scale of this development is out of all proportion to this little community.
However, we have an additional concern. The millions of dollars already spent on this project, prior to any approval of rezoning, look very like totally subverting democratic processes. Realities are being created before our eyes. When the approvals process gets under way it looks as if the developer is reckoning on a fait accompli.
It is indeed hard to believe that no undertaking has been given, at least informally, that approval will be likely for this huge and expensive project, which has involved months and months of the use of heavy machinery, major investment of finance and manpower, replanting, landscaping.
What is your impression of the assurances that have been given to the developer that this project will get the nod in due course? Will the review process not be a mockery? You will understand that we are not opposed to legitimate development. However anything that railroads democratic processes would indeed be a matter of grave concern.
Yours sincerely,
Peter Matheson.
Peter,
Thank you for your e-mail. I understand your concerns with the manner in which development at Opeke is taking place.
While we have met with the developer to discuss planning options for achieving their development plans, I can assure you that, as far as I am aware, no assurances have been given to the developer that either a Plan Change or Resource Consent will be approved for whatever development he ultimately has in mind for the property.
The reality is that either a Plan Change or a Notified Resource Consent is a public process, with the decision normally being made by Council's Hearing Committee normally made up of three Dunedin City Councillors.
Personally, I would have preferred it if the developer had applied for approval of the development prior to commencing any work on the property so it did not create the illusion of being a fait accompli, but if the current work meets the requirements of the District Plan there is little that can be done.
Yours sincerely
Paul Freeland
Senior Planner (Policy), City Planning Dunedin City Council
50 The Octagon, Dunedin 9016; PO Box 5045, Dunedin 9058, New Zealand
Telephone: 03 477 4000; Fax: 03 474 3451
Email: paul.freelan@dcc.govt.nz; www.CityofDunedin.com
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