Megastore blocked in Pandora

Pandora industries have successfully blocked plans for a big-box shopping complex in their area, shifting the goalposts for developers hoping to establish mega malls in Hawke's Bay.
The Environment Court has upheld an appeal by Affco NZ Ltd, Richmond Ltd and Napier Sandblasting Ltd to Land Equity Group's proposal to develop the Gateway Centre on the corner of Pandora Road, Thames Street and Tyne Street in Napier.
That overturns a land use consent which the city council granted on the back of a recommendation by an independent commissioner.
Land Equity Group intended demolishing part of the the former Elders' wool store, converting the site into three blocks with 11 stores. Floor areas would have ranged from 500 to 3720sq m.
Director Terry May said his company was obviously very disappointed with the judge's decision.
"That's what happens when you go to the Environment Court. It's a bit of a lottery and we have lost."
Land Equity Group was unlikely to appeal the decision, and would now look to its "fall-back option" for the 2.7ha site. It was reasonable to suggest that would be an industrial-type development.
Spokesman for the Pandora industrial companies, Affco plant manager Kevin McGrath, said his group was "quietly pleased" with the court's decision. The consortium, supported by Port of Napier Ltd, argued that the Gateway shopping centre would create reverse sensitivities, with retailers and customers complaining that the industrial activities were noisy and smelly.
The group also said it was inappropriate to locate large-format shops in the industrial zone when Napier was desperately short of large industrial sites.
Headed by Judge Thompson, the Environment Court found the issue to be one of plan integrity and of promoting sustainable management.
'We acknowledge the possibility of reverse sensitivity issues arising, but we are not convinced it is a major issue," the court ruling said.
"On its own, it would not have persuaded us that consent should be refused."
The court agreed with the port company's consultant planner, Sylvia Allen, that Napier was running out of greenfield options for any kind of expansion.
"Residential growth can be accommodated in the western hills, but that is not an option for industry. The end result is clear enough. Napier presently has little available industrial land at all, and none in lots of 2ha or more.
"It is therefore presently a scarce and increasingly valuable resource. The issue of the sustainable management of that resource therefore comes into sharp focus."
Present demand for large-format retailing space was equally unforeseen and had taken the planning process by surprise, but it could not be assumed that sites or activities were interchangeable.
To some extent, the court said, the provision of industrial land was a regional issue, and land at Whakatu and closer to Hastings city might be available.
"But adequate provision of industrial land close to Napier remains a significant issue. Local economic well-being, by way of employment opportunities and otherwise, is an issue addressed by both the (transitional and proposed district) plans."
The court said the council had found itself in the slightly uncomfortable position of having adopted the commissioner's recommendation to grant consent when its senior planner had quite strongly recommended against that course."