Environment Court upholds North Shore City Council provisions for Bayswater Marina

Friday the Environment Court released a decision which upholds the North Shore City Council’s planning provisions for the land next to the Bayswater Marina.

Judge Jeff Smith declined an appeal by Bayswater Marina Ltd that would have allowed residential apartment development on land which is currently open to the public. The land was created by reclamation in the early 1990s.

In essence, the Environment Court decision has supported the council’s zoning provisions for public use of the land, with a focus on recreation, boating activities and public transport, including ferry access.

The company wanted to change those provisions to allow for up to 250 apartments to be built. It proposed to raise the ground level to accommodate underground car parking and to construct apartment complexes which could have been up to seven stories high.

In his decision, Judge Smith says that his clear conclusion is that the council’s approach is correct. He referred to the importance of the land as “a community and marina oriented place with a focus on recreation, open space and access, public transport, boating and maritime activities.”

He also noted that residential activities are “not generally appropriate on the site” and he expressed concern about the height of the buildings proposed by the company.

He did however say that there may be a case for some maritime businesses to be established.

North Shore City Council Group Manager City Environment Trevor Mackie says that the council had sought to uphold the original intent of the consent which allowed the marina to be built in 1989. That consent emphasised the need for the land beside the marina to be open to the public.

That was also the view expressed by the community in 2001 when the council undertook intensive public consultation through a “Structure Plan” process.

Mr Mackie says that the council attempted to settle the 15-year dispute by discussion and negotiation, however the parties proved too far apart and the issue went to the Environment Court.

In court, the council was supported by the Auckland Regional Council and a number of individuals and community groups including the Takapuna Grammar School Rowing Club, the Bayswater Community Committee, the Takapuna Boating Club, and the Ngataringa Bay Society.