A group of disgruntled Bucklands Beach residents is against the height of a proposed development in Waller Avenue and may even bring in lawyers.
The residents say a resource consent for two three-storey dwellings at 43 Waller Avenue breaches a private restrictive height covenant which were attached to properties on the street at the time of their development in the 1970s.
The residents reckon Auckland Council got it wrong in granting the consent, that the development will have an adverse impact on their neighbourhood and that consultation was inadequate, according to Ady Chong, representing a group of Waller Avenue homeowners.
“The recent resource consent granted for the development at Lot 166, 43 Waller Avenue, has raised concerns about the impact on our neighbourhood, including the infringement of our rights to the original sea views and the destruction of the beautiful scenery of Waller Avenue,” Chong said.
“We believe that there may be discrepancies in the measurements and calculations of the view shafts provided to the council for the latest resource consent, which raises concerns about the legitimacy and accuracy of the view shaft figures in the latest resource consent.”
The homeowners are seeking to enforce the height restriction covenant in place with all the properties on the street except for Lot 166, which they suspect may have been excluded from the title in the past due to an oversight.
“We are seeking a compromised resolution to this matter and are considering legal action if necessary,” Chong said.
“We would like to urge the council to consider the potential impact of this development on the community, assess the potential impact on the environment, infrastructure and community and ensure that it does not cause any significant harm.
“We also encourage the council to provide more opportunities for public participation in the decision-making process to allow the community to voice their concerns and contribute to the decision-making process.”
James Dowding, manager, Auckland Council Southern Resource Consenting, told the Times everything regarding the development was in order.
“Earlier this month (March), Auckland Council responded to a letter sent on behalf of six Waller Avenue residents regarding the resource consent for two three-storey dwellings at 43 Waller Avenue,” Dowding said.
“In our response letter, we outlined that the council must assess all resource consent applications against the standards set out in the Auckland Unitary Plan and MDRS (Medium Density Residential Standards).
“The proposed development at 43 Waller Avenue was found to be within the provisions for a Mixed Housing Suburban zone, therefore a decision to grant the consent was issued.
“We have also responded to the residents’ concerns regarding the private restrictive height covenant that was applied when the Gulf Crest subdivision was developed in the 1970s,” Dowding said.
“As the residents have noted, this private covenant was not applied to the record of title for the property at 43 Waller Avenue, and therefore there is no covenant that can be enforced via the resource consent process.
He said even where there is a conflict between the provisions of the district plan and a private covenant, the council is not necessarily bound to consider a private covenant.
“A resource consent may be granted and then it is up to the developer to negotiate with the parties responsible for that covenant to have it lifted,” Dowding said.
“We have advised the residents that they are welcome to contact a member of our resource consents team directly should they need clarification on any of the above.”
