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The Environment Court has today given consent for Simon and Paula Herbert’s company to proceed with $300 million plans to build 64 apartments at their Bayswater marina on the North Shore.
Judge Jeff Smith in the Environment Court at Auckland issued his decision which allowed theHerberts’ Bayswater Marina Holdings to develop the controversial scheme.
The Herberts’ company first attempted to get zoning approvals for apartments at the marina in 2006 via a plan change but the Unitary Plan passed in 2018 allowed residential use, subject to a fully-notified public consent process.
When the Herberts announced their plans to build, many objected: 730 written submissions were in opposition to the scheme.
Opponents who went the furthest were the Bayswater Marina Berth Holders Association and the Bayswater Community Committee, with appeals to the Environment Court to stop the development.
In 2022, duty commissioners headed by Greg Hill approved the plans. Richard Steel of the Auckland Marina Users Association and Paul Glass, chairman of the Bayswater Marina Berth Holders Association issued statements at the time that were strongly against the project.
In his latest decision, Judge Smith cited many conditions on the development including restrictions on noise, vibration and dust when construction is under way.
Simon Herbert said today it had been a long process, “but now we have a consent that will, once fulfilled, give a sense of community to the barren area that it currently is”.
“A great deal of thought and consideration has also gone into maintaining and improving access for buses, the ferry service, the Takapuna Grammar Rowing Club activities, trailer boat launching and storage, and of course the marina and other current and future maritime facilities. Obviously, an enormous amount of time and energy has gone into consultation and discussions with parties related to all these activities, which has resulted in the appeals being withdrawn.
“It’s a special piece of land, in a remarkable location, with the best views in Auckland, and a few lucky New Zealanders will shortly have an opportunity to live there,” Herbert said.
Bayswater marina developer Simon Herbert with wife Paula.
Plans in 2021 were for a 250-home scheme, so the 64 now proposed is a huge reduction. Last year, the scheme was cut by around a third from 119 to 78 apartments after hearings at Takapuna.
The marina, not far from the Auckland Harbour Bridge, is within a few minutes’ ferry journey from the Auckland CBD. Commuter services to the marina were to be suspended but are continuing.
The development is planned to be 12 metres high, with four levels, but a less dense scheme on the 3.3-hectare site beside the water.
The terraced houses will have internal garages and one car park will be developed for each new apartment. Around 300 car parks are at the marina now and will be reconfigured under the new scheme.
In 2018, the Herald reported the Auckland Marina Users Association opposing plans to change marina areas with housing developments but Simon Herbert said then that the Unitary Plan encouraged the regeneration of barren marina carparks with new waterfront developments.
It is now the Herberts’ intention to go ahead in developing the site, potentially selling apartments for $3m to $4m each.
In 2009, Judge Smith declined an appeal by the Herberts to rezone the Bayswater reclamation for residential use.
Anne Gibson has been the Herald’s property editor for 23 years, has won many awards, written books and covered property extensively here and overseas.
