High density housing ruled OK
Homeowners in some of Auckland’s leafiest suburbs have been left ‘‘in tears’’ after finding their streets re-zoned to allow for densification.
The High Court has ruled the panel that considered Auckland’s controversial Unitary Plan acted lawfully in reaching its decision allowing increased density in residential housing in certain areas of the city.
The court on Monday released its finding on 51 appeals and judicial review applications concerning the plan.
About 29,000 properties zoned single house and mixed housing suburban were in the areas considered by the appeals, including properties in Mt Albert, Glendowie, Blockhouse Bay, Judges Bay, Grey Lynn, Takanini, Howick and Parnell.
A central issue for many of the appeals was whether the recommendations made by the Independent Hearings Panel (IHP) on the Unitary Plan were within scope of the submissions.
If they were not in scope, then affected parties would have the right to appeal any council decisions based on the recommendations.
In its 143-page decision, the court found the panel’s approach to scope for residential zoning in the key test case areas was lawful.
In his decision, Justice Christian Whata said: ‘‘The purpose of resolving the test cases was to provide affected appellants with guidance on the issue of scope.
‘‘It will be for them to decide whether and to what extent they wish to pursue their appeals in light of my decision.’’
Character Coalition chairwoman Sally Hughes was disappointed in the decision.
The coalition is an umbrella organisation representing 67 different groups committed to protecting Auckland’s heritage.
But they did not represent all the 29,000 property owners affected, many of whom had contacted them ‘‘in tears’’ after learning of the rezoning, she said.
‘‘We had distraught calls from people saying we had no idea, we live in a street of 100-year-old villas and now we could get apartment blocks across the street.’’
The coalition was not against intensification and believed many parts were in desperate need, but were opposed to destroying Auckland’s most beautiful streets.
Auckland spokesman Leroy Beckett said the court decision was great news.