His report to the hearing said the City Plan only provided for high-density development in limited areas of Mount Maunganui, and this site was not identified as an area for intensification.
"High-density development is not an activity that is specifically provided for in the Suburban Resident Zone."
The proposal was for a high-density development and was not consistent with planning policies controlling the interface with adjoining residential properties, he said.
But because the inconsistency related to providing housing, it had to be weighed against the purpose of the Housing Accords and Special Housing Areas Act which had primacy, Mr Miles said.
He said the high density development was also inconsistent with the low densities of one dwelling per 325sq m of land area anticipated for most residential zoned sites in Tauranga.
"This directly conflicts with the Special Housing Area requirements and must, in my opinion, receive very limited weight."
Mr Miles said the building height and overshadowing of two three-level apartment buildings meant the proposal did not achieve planning outcomes to avoid overshadowing, dominance and privacy effects.
He said the main points in contention, in terms of character and amenity, were traffic and parking. The traffic generated by the cafe would be concentrated around the Girven Rd access and was less sensitive because of the existing high volumes of traffic.
However the childcare centre, scaled down from 115 children to 85 by the developer, would result in a "noticeable change to the character of Paterson St" because it had low traffic volumes.
Mr Miles said the childcare centre was expected to generate 46 per cent of the development's total daily traffic movements and may produce up to a 35 per cent increase in movement on Paterson St. However, both the council's and the applicant's transportation specialists raised no concerns about the safe and efficient functioning of Paterson St.
He recommended approving the application, saying it was consistent with the Special Housing Areas Act and the Resource Management Act by being an efficient and appropriate use of the site, including the appropriate management of the effects on the values of the surrounding area.
Mr Miles said granting consent was "generally consistent" with provisions of the City Plan. Where it was not consistent, greater weight was put on the purpose of the Special Housing Areas Act.
A two-level building holding five townhouses was repositioned and modified by the developer to achieve compliance with council setback and overshadowing rules in response to issues raised by submitters.
Girven Rd development planning non compliance
- Building heights and density
- Boundary setbacks and overshadowing
- Minimum outdoor living areas