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Home / Northern Advocate

Judge queries how decision was reached to turn sports fields into more 'big-box' retail outlets

By Imran Ali
Northern Advocate·
20 Nov, 2015 05:00 PM4 mins to read

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BATTLER: Wally Yovich persuaded the Environment Court the Rugby Club grounds at Okara should not be developed. PHOTO/JOHN STONE
BATTLER: Wally Yovich persuaded the Environment Court the Rugby Club grounds at Okara should not be developed. PHOTO/JOHN STONE

BATTLER: Wally Yovich persuaded the Environment Court the Rugby Club grounds at Okara should not be developed. PHOTO/JOHN STONE

Plans to turn sports fields and recreational areas into a "big-box" retailing area look shaky after criticism from the Environment Court.

The court has recommended the zoning of Old Boys' Rugby Club clubrooms and surrounding grounds in Okara should be revisited in an upcoming full business zoning review undertaken by the Whangarei District Council. A $10.5 million deal to sell the land, conditional on it being zoned for a retail superstore, now looks unlikely to proceed.

Chairman of the council's planning committee, Greg Innes, said the council would examine the decision closely before deciding its implications. No decision has been made on appealing the court's decision.

The council - through independent commissioners - had decided to rezone the Old Boys' site through a plan change notification. However, former Whangarei district councillor Wally Yovich took legal action against that decision.

Mr Yovich - a Whangarei businessman and CBD commercial property owner - argued the plan change would affect business in the CBD. He had also said the new zoning would be inconsistent with council policy to strengthen the CBD.

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The New Zealand Chambers of Commerce Northland, and local businessmen Tony Davies-Colley, Des Quinn, Ralph Calvert and Vince Cocurullo supported his legal challenge.

Mr Yovich said he was satisfied with the court's decision. The Old Boys' area was best suited as a park.

"The problem is the council's operating costs are too high and it tried to get some money by selling that land to pay for its costs," he said.

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Big-box retail development at the site would represent consolidation of the existing CBD and provide opportunities for economic growth and jobs, the council said.

But the court said such a development was clearly in addition to, and outside, the current scope of retail areas in the district and particularly so given its location. "We are unable to see any explanation as to why this land would be removed as 'open space', given its proximity to the (Toll) Stadium and (Cobham) Oval, height above the surrounding area, relationship to the surrounding hills and harbour, and its ability to provide for both passive and semi-active recreation."

Judge Jeff Smith said, if one looked at the council's definition of bulk format retail, only general merchandise seemed to be relevant.

Therefore, Mr Smith said, only Countdown and The Warehouse would meet that requirement on Okara Shopping Centre but said current activities on that site were permitted.

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"On this basis, it is clear that the Okara Shopping Centre is an anomaly, providing sprawling and sporadic retail development of the kind that Chapter 6 (of the Operative Whangarei District Plan) seeks to avoid."

The court was also critical of council-appointed commissioners Les Simmons and John Childs who approved the plan change in December last year, saying the duo assumed the Old Boys' and Okara Shopping Centre sites were within the CBD.

"Overall, we note there is a lack of reasoning as to how the commissioners have reached their conclusions and a tendency to simple adoption of witnesses' evidence, rather than explicitly identifying what portions of that evidence are accepted," Judge Smith said.

Mr Innes said the judgment did not change the fact of the council's commitment to working with businesses and others to ensure the District Plan supported vibrant growth, development and diversity in Whangarei.

"We will now get our teams together and have a good look at this decision and its implications for our District Plan. In fact, staff have already started working on the issues arising from the decision.

"These and the implications for the Old Boys' site will be brought back to council in the next few months."

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Mr Innes said no decision had been made as to an appeal.

Okara Shopping Centre manager Allan Brown reserved his comment until after he had read the court decision.

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