Plans for the big Mission Bay development. Photo / supplied
Controversial plans for the development of a $200 million waterfront Mission Bay retail, apartment, cinema and office scheme were last month rejected for a third time.
The multilevel residential and shop scheme was planned by Drive Holdings for the corner of Tāmaki Dr, Patteson Ave and Marau Cres.
In 2019, independent hearing commissioners for Auckland Council rejected the scheme.
So the developers went higher.
In 2021, the Environment Court heard an appeal but it also rejected it, based on over-height plans, contrary to opposition from residents, Auckland Council and experts.
The tallest building would have been eight storeys or 28m high compared to the Auckland Unitary Plan’s 18m.
The proposal was to demolish all existing buildings and build two basement levels and seven detached and semi-detached buildings above, from four to eight storeys, arranged around an internal, raised plaza space.
Offices, about 100 apartments, car parks and a cinema were envisaged.
But 699 submissions were received by the council: 626 opposed plans, 70 supported them and three were neutral.
After the second rejection, developer Drive Holdings redesigned the scheme and via its lawyer Douglas Allan of Ellis Gould had a third crack, this time at the High Court at Auckland, seeking to overturn the Environment Court ruling. The redesign meant most buildings were five floors and more than 18m high.
On December 23, Drive got a third rebuff, this time from the High Court’s Justice Layne Harvey.
Drive’s argument was the Environment Court had made mistakes on six fronts including failing to provide adequate reasons, applying an incorrect legal test, how it interpreted the unitary plan and misapplying the Resource Management Act.
Drive claimed these errors were material as omissions because by failing to provide reasons or findings on key issues, the Environment Court had deprived it of an understanding of the rationale for the decision and consequently how it might amend its proposal to secure approval, the latest decision said.
But the High Court didn’t agree.
“I do not accept the appellant’s argument that the Environment Court failed to give reasons or that if it did, those reasons were inadequate. Moving to the claim that the Environment Court erred by failing to give reasons for rejecting expert evidence, I do not accept that this was the case,” the judge said.
“I do not accept the appellant’s arguments that the Environment Court misinterpreted the Auckland Unitary Plan.”
Drive Holdings’ appeal against the Environment Court’s October 2021 judgment was dismissed.
Kathy Davies of the Mission Bay Kohimaramara Residents Association committee today welcomed the latest ruling.
“Just pre-Christmas, we finally got the High Court appeal decision which declined the appeal. It agreed with the first two decisions. There were no mistakes in legal interpretation,” she said.
A spokesperson for Urban Partners, associated with Drive Holdings, acknowledged the latest ruling. The business was disappointed with the decision which arrived when it had closed for the holidays, a spokesperson said.
They thought that after extensive consultation and redesigns, good progress had been made with plans to rejuvenate Mission Bay retail precinct.
“We anticipate the Urban Partners team will be back on deck end of January and then back to the drawing board,” the spokesperson said.
The company has made it clear how big its holding in the area is.
“With over 60 per cent ownership of the commercial area, Urban Partners continues to investigate and implement tenancy mix options and future development opportunities with a vision of transforming Mission Bay into a world-class mixed-use precinct,” the business says of the seafront suburb land.
Urban Partners also has big holdings at Waiwera north of Auckland, where pools and a water bottling plant once operated.
The company says of that area: “The coast is now clear for the once thriving seaside town of Waiwera to receive some therapy of its own, as we announce that we are seeking expressions of interest for a joint venture partner or purchase of this iconic location.”
Last year, the Herald reported how the pools had been closed since 2018, loved by many, once owned by a Russian businessman who died a few months ago.
The owners said they had listed the property for sale, looking for either a buyer for the land north of Auckland or a wealthy partner to develop it.
Doug Osborne, Mission Bay Project Director, said the business was on the hunt for either of the two types.
“We have always had high ambitions and the best of intentions for this wonderfully unique freehold location and its thermal waters and now that the main issues behind the protracted delays have been resolved, we are happy to confirm we are marketing the site to those interested in partnering, developing, or purchasing this world-class wellness destination,” Osborne said earlier last year.
Nothing has since been announced in terms of the pools’ future.