Changes tipped for developers

Property developers could face more hurdles in getting large new projects approved after a Supreme Court decision this week.

Auckland barrister and Resource Management Act specialist Richard Brabant said the judgment was significant because it could change the approval process.

The court allowed an appeal by Westfield (NZ) and business group Northcote Mainstreet against approval for the Fox outlet shopping centre on the North Shore.
Brabant said the decision was significant because it rejected a previous Court of Appeal decision and restored a decision made by the High Court at Auckland.

But it could also spell big changes for developers who sought to have large projects approved on a non-notified basis.

"Developers' costs could increase and the length of time the planning takes could also increase," he said. "If they want to go ahead on a non-notified basis, there is a higher level of information needed."

Brabant said councils might also have to reconsider the basis on which they allowed approval of non-notified resource consents for large applications.

The Supreme Court ruled the North Shore City Council had insufficient information on which to issue the consent, upholding the High Court's decision which said the impact of the Fox centre had not been assessed correctly.

The battle so far 

* July 2003: Discount Brands wins non-notified approval for the Fox centre.
* August 2003: Resource consent granted by North Shore council.
* February 5 last year: Westfield wins fight against Discount Brands in the High Court at Auckland.
* June 14: Discount Brands beats Westfield in the Court of Appeal.
* Mid-November: Discount Brands opens Fox outlet centre.
* Now: Westfield beats Discount Brands in the Supreme Court. But Fox plans to stay open, using a second resource consent it has up its sleeve.