Environment Court ruling sets limit on Swanson development

Waitakere City Council has moved a step closer to resolving debate around future subdivision in the Swanson foothills area following an Environment Court ruling on the issue.

The Environment Court has accepted that it is appropriate for there to be a structure plan in Swanson, but has determined that the final structure plan should take a more conservative approach to subdivision than the version that was proposed by the council.

The council has been directed to re-write the Swanson Structure Plan and make consequential changes to its District Plan to reflect the Court’s ruling.

The landowners’ group, which appealed the council’s decision on the structure plan, had sought 198 additional lots. The council had proposed 116 potential further lots. The Environment Court has found that 52 additional lots are appropriate, which is more closely aligned with the outcome sought by opponents of development in the Swanson foothills.

While the court opted for a lower density than that supported by the council, it has accepted the council’s position that subdivision applications that seek to go beyond the density provided for in the Swanson Structure Plan should be a prohibited activity. Under the Resource Management Act, no application can be made for any activity that is classified as ‘prohibited’.

In its ruling, the court stated that it wanted the amended structure plan to allow fewer opportunities for subdivision because it considers that “the existing fine balance between rural and urban in the Swanson Foothills is in real danger of being upset to its detriment by further subdivision and development”.
Vanessa Neeson, Chair of the Planning and Regulatory Committee says the council is still considering the implications of the ruling.

“The council had carefully considered the most appropriate outcome for Swanson, in terms of striking a balance between subdivision opportunities and environmental enhancement. We had hoped that the depth of this work would be reflected more closely in the outcome,” she says.

“It is a large and complex decision though, so our lawyers are currently reviewing it to advise the council on its obligations and the process from this point.”