Waikato Times

Council broke own rules when approving Bella Vista

- Matt Shand matt.shand@stuff.co.nz

Tauranga City Council broke its own rules when granting resource consent to the failed Bella Vista Homes developmen­t.

Some of the Bella Vista homes now declared too dangerous to inhabit were awarded code-of-compliance certificat­ion by Tauranga City Council.

After the March 9 evacuation made as Cyclone Hola approached, however, the Bella Vista homeowners were told their homes had problems from the foundation­s to the ceilings. The few allowed access to their homes have been told to never have more than two people on the second storey. Even the ground the subdivisio­n sits on is scoured and potentiall­y dangerous.

A council-commission­ed expert report into the subdivisio­n said problems began with the Bella Vista resource applicatio­n.

Tauranga City Council, as the Building Consent Authority (BCA), had ultimate responsibi­lity. It now faces liability for the handling of the resource consent process, where the failures started to accrue. Stuff can reveal the documents Bella Vista Homes (BVH) submitted for resource consent lacked key informatio­n, breaching council’s infrastruc­ture developmen­t code (IDC).

Despite this, the subdivisio­n was awarded resource consent.

Further, the council has also admitted to an over-reliance on producer statements for code-compliance assessment, something leaky home report writers specifical­ly warn against. In other words, it accepted other people’s ticks of approval at face value. A legal ruling showed facevalue reliance on producer statements was a major contributo­r to the leaky homes debacle, affecting homes built between 1994 and 2004.

According to the Tauranga council-commission­ed report by multinatio­nal engineerin­g firm AECOM and obtained by Stuff, the council failed to request a second geotechnic­al report on the proposed subdivisio­n, breaching its own IDC.

BVH director Danny Cancian uses the mismanagem­ent of the resource consent to mitigate his role in the subdivisio­n’s failure.

‘‘It all started with council,’’ he said. ‘‘Those houses should never have existed.

‘‘If the council had said to do another geotechnic­al report, I would have done one and if that showed up extensive land works needed to be done, I might have walked away from it.’’

AECOM slams the geotechnic­al assessment of the Bella Vista developmen­t and the engineers Bella Vista hired to create producer statements, but also reveals Tauranga council’s failure during the resource consent and building consent stages.

‘‘The Coffey [Geotechnic­s (NZ) Ltd] geotechnic­al completion report for The Lakes Stages 3A and 3B was used in support of the developmen­t,’’ the AECOM report said. ‘‘This use was out of context.’’

The Coffey report, titled The Lakes Stage 3A and 3B, was an overall geotechnic­al examinatio­n of the wider developmen­t of Pyes Pa¯, of which the 21 Bella Vista homes were a part.

When Bella Vista director Danny Cancian applied for resource consent from Tauranga City Council planning department for his part of the Pyes Pa¯ developmen­t, he relied on the Coffey report.

Paragraph 10a of Bella Vista’s resource consent determinat­ion reads, ‘‘All developmen­t within these lots shall be undertaken in accordance with the Geotechnic­al Competitio­n Report for The Lakes Subdivisio­n – 3AB prepared by Coffey Geotechnic­s (NZ) Ltd.’’ But Tauranga council’s IDC says any infill subdivisio­n, which Bella Vista became when it doubled the houses on the sections, must engage a second geotechnic­al profession­al in the same category as the original to assess the implicatio­ns of increased density. This did not happen.

Subsequent­ly, the AECOM report concluded, there were ‘‘widespread non-compliance­s with Clauses B1 and B2 of the New Zealand Building Code’’. AECOM also points to stability and soil condition problems. Further, the developmen­t did not adhere to the district plan.

‘‘In our opinion, BVH provided insufficie­nt detail at the resource consent stage to show how the developmen­t would comply with the Tauranga District Plan,’’ the AECOM report reads.

The report issued by council regarding the BVH resource consent applicatio­n, however, was satisfied the informatio­n provided was ‘‘sufficient­ly comprehens­ive and reliable for the purposes of making this assessment in an informed basis’’.

The final resource consent, granted by consultant planner James Darby and senior environmen­tal planner Lee Dove, regarded the applicatio­n as ‘‘consistent with the inherent provisions of the Tauranga Council District Plan’’.

Council general manager CE Group Kirsty Downey confirmed her department never received nor requested a second geotechnic­al assessment from Bella Vista Homes, as required under the IDC. When asked specific questions about the issuing of the resource consent and breaches to the IDC, Tauranga City Council declined to comment.

‘‘As you are aware, the investigat­ion is now under way,’’ Downey said in response to the questions. ‘‘The informatio­n you have requested is part of that investigat­ion. It is inappropri­ate for us to comment on these matters at the present time.’’

‘‘It all started with council. Those houses should never have existed.’’ Danny Cancian,

Bella Vista Homes director

 ??  ?? A house in the doomed Bella Vista subdivisio­n developmen­t which went into liquidatio­n.
A house in the doomed Bella Vista subdivisio­n developmen­t which went into liquidatio­n.
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