Court win over his own council

John Roil argued his property should be allowed to operate as an industrial site because its activities were similar to its neighbours and the land poor. Photo / File

Hastings district councillor John Roil has won a court case against his own council.

He appealed to the Environment Court after independent commissioners, appointed by the council because he was a councillor, denied resource consent to develop 4ha in the Plains Production zone adjoining the Irongate industrial area south of Hastings.

The zone protects 26,000ha of highly productive soil in the Heretaunga Plains from development, ensuring the viability of farming in the region.

Mr Roil argued his property should be allowed to operate as an industrial site because its activities were similar to its neighbours and the land poor.

In its decision, the court said allowing Mr Roil's development would do no harm to the integrity of the plains zone. The area was an anomaly in the Heretaunga Plains, because of planning decisions allowing other developments and poor soil, "and a simple recognition" of that should do harm.

"We think that any reasonable person, whether having an educated planning eye or not, would call it an industrial/commercial area," the decision said.

"This area has become a de facto industrial/commercial node and there is no point pretending otherwise."

A series of consent decisions meant "the horse has bolted and the best that can be done is to stop the de facto node spreading outwards".

Mr Roil's land was close to the centre of industry in the area, so would not extend it.

He would use the site for his prefabricated building business (formerly Cottages NZ) as well as a trades training facility in partnership with EIT.

Hastings Mayor Lawrence Yule said the council would not appeal the decision but would continue to protect the plains zone while facilitating commercial/industrial precincts.

"The very balance of what is growing our economy is what we are growing on the good fertile soil - that's where most of the grunt is coming from," he said.

In 2012 Mr Roil was fined for breaching the Building Act for constructing a building without a consent and, with neighbouring landowners, is currently in a dispute with the council over the cost for infrastructure services to the Irongate industrial area.