Request for Direct Referral by Ambury Properties Limited – 72 Tidal Road, Mangere
Members of ROCC have made objections to the application by Ambury Properties Limited to build a factory at 72 Tidal Road, Mangere. They want stronger measures to be taken about air quality and other issues relating to the factory.
Recently Ambury Properties requested that a Council Hearing be avoided and the application be heard directly by the Environment Court.
ROCC raised concerns that this would by-pass the community.
The Auckland Council Regulatory Committee resolved (by IMSB Member G Wilcox, seconded by Cr E Collins):
That the Regulatory Committee decline the request for the following reasons:
i) the resource consent applications are predominantly a local issue, with a total of 12 submissions predominantly from submitters in the local Mangere area;
ii) those submitters will be able to participate in a decision-making process at a Council hearing on this local project and with a Manukau venue for the hearing;
iii) submitters include lay people, who will likely be unfamiliar with the Environment Court process, and will be required to become section 274 parties to participate in this more formal process, including possible cross-examination;
iv) the determination of the application is dependent upon a mix of both technical expert evidence and non-technical evaluative assessment that is suitably heard at first instance at Council level;
v) there is insufficient indication of certainty that a Council decision being appealed to the Environment Court, either by the applicant or any submitters given the nature of feedback received through prelodgement public consultation process and given the matters raised in the 12 submissions received; and
vi) if the decision made by the Council is appealed, the Council hearing process would have led to a refinement of the issues to then allow for a more focused and efficient Environment Court process such as mediation and caucusing that may avoid the need for hearing.
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