Settlement reached over Mangawhai plans
A settlement has been reached over development plans for Mangawhai, avoiding court action.
The Environment Court has given the green light to Mangawhai Central’s Private Plan Change 78 (PPC 78) to the Kaipara District Plan.
Last year, Mangawhai Matters Incorporated and Clive Boonham filed appeals to the Environment Court against the Council Decisions on PPC 78, which sets the parameters for the development of 130 hectares of land off Molesworth Drive, Mangawhai.
Through a series of mediation meetings and direct discussions, parties to the Mangawhai Matters Appeal (including the Council) were able to reach agreement on this Appeal without going to court.
The Parties worked with Boonham to refine his appeal to a number of requests for additional policies and changes to rules, with particular focus on wastewater infrastructure capacity and funding. The judge decided this ‘on the papers’, which means without a court hearing.
Kaipara mayor Dr Jason Smith says this outcome is a good example of the democratic process at work.
‘‘The agreement has achieved the right balance of enabling development, and preserving the parts of local character and amenity that makes the magical Mangawhai environment so special and unique,’’ says Smith.
‘‘I’d like to thank the parties for working constructively with the Council to reach this excellent outcome.’’
Regarding the Mangawhai Matters appeal, following mediation and direct discussion, the parties have agreed to amend PPC78 by: changing financial contribution requirements; enabling wastewater applications to be declined if there is insufficient capacity; strengthening the water supply and stormwater provisions; changing provisions to maintain the small town coastal character of Mangawhai; amending minimum lot size and density rules, as well as several changes to address potential effects on New Zealand fairy tern, and improving management of effects on wetlands.
Boonham was primarily concerned with the capacity of the Mangawhai wastewater system and the Court has confirmed that the provisions need to be more explicit around having sufficient current or planed wastewater capacity for any proposed development, the council said.
The Kaipara District Plan will be updated to reflect the finalised wording of the Private Plan Change.