REBECCA HARPER
The Environment Court has indicated there is no reason why the deferred industrial zoning of more than 11ha of land at Awatoto should not be lifted by Napier City Council.
The court has issued an interim decision in the hope the two parties can come to an agreement on how
best to service the land and give it main industrial status.
Marist Holdings (Greenmeadows) Limited owns the land, which has been zoned deferred industrial for 23 years, and wishes to develop it for industrial purposes because it says there is a strong demand in the region.
The land was zoned deferred industrial because it did not have services required by the Napier City Council Proposed District Plan and was prone to flooding.
The court recognised the current zoning cast a blight over the land, "deterring developer interest," and a main industrial zoning would enhance its value.
Developers required certainty about the permitted use of the land before they could make decisions about committing large amounts of capital.
It identified the main question as "which should come first, the main industrial zoning, or the establishment of services to enable actual industrial use?"
The council's interpretation of rule 29.2 in the district plan was that only when it was satisfied the land was fully serviced would it pass a resolution to zone the land main industrial.
The court accepted that Napier had a serious shortage of industrial zoned land available for immediate development, "in fact it effectively has none, and there is a demand for such a resource."
It also acknowledged that the land in question was "ideal" for wet or noxious industrial use. Its close proximity to the airport and port made it attractive to some users. The court stated:
"If Marist Holdings, or a developer to whom it sells the land, is willing to pay for the installation or connection of services to the standards required by the Code of Practice, then it is very difficult to sustain an argument that the present situation should continue."
It suggested the land could be zoned main industrial, and services could be provided at the land owner's cost, on the condition that all required services were in place before any industrial activity began. A NCC spokesperson said the decision was "a good way through" because it made it clear that services would be provided by the developer and not at the expense of rate payers.
Counsel for Marist Holdings, Mark von Dadelszen, said the decision showed the council had failed to provide adequately for the industrial requirements of Napier city, and recognised the historical inequity of the deferred industrial zoning at Awatoto.
"Marist is obviously pleased and considers it's position vindicated by the decision," he said.
REBECCA HARPER
The Environment Court has indicated there is no reason why the deferred industrial zoning of more than 11ha of land at Awatoto should not be lifted by Napier City Council.
The court has issued an interim decision in the hope the two parties can come to an agreement on how
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