Ali Williams and Anna Mowbray are "deeply disappointed" with the appeal to their consent to fly choppers from their home.
Auckland councillors voted to start work on tightening rules for helipads today, which could see them made “non-compliant” in urban parts of the city.
It comes after an independent panel gave planning permission to Ali Williams and Anna Mowbray to fly choppers from their Westmere home.
Waitemata and Gulf councillor Mike Lee presented notices of motion to make private helipads a “prohibited” activity in residential areas of Auckland, Waiheke and Aotea Great Barrier Islands.
Councillor Kerrin Leoni said the time had come to stand up for the city and take strong action.
However, deputy mayor Desley Simpson and councillor Andy Baker said the risks of going down the “prohibited” path had been set out by officers.
They warned it could take four years, cost more than $1 million and not achieve anything.
Policy and planning committee chairman Richard Hills put forward an amendment to make private helipads a “non-complying” activity in urban Auckland.
Lee called Hills’ amendment an “ambush motion”.
Ultimately, councillors voted 15 to seven to commence work to make residential helipads a “non-complying” activity in suburban Auckland and a “prohibited” activity in sensitive areas.
It is yet to be established which areas may be considered sensitive.
The committee also voted 14 to seven to prohibit private helicopters on Waiheke and Aotea Great Barrier islands, with one councillor not taking part in the vote.
Staff were directed to seek an urgent determination from the Environment Court on the activity status of private helipads.
In a press release this evening, Hills said the council had heard public concerns about the use of helicopters in residential areas and was taking a “proactive approach to clarify the rules”.
“The council’s longstanding view has been that, under the Auckland Unitary Plan, private helicopter take-offs and landings in residential areas are a non-complying activity.
“This is one of the most restrictive categories of activity under the Resource Management Act. It needs a resource consent which is only granted under very strict conditions.
“A recent decision from an independent hearings panel determined that private helicopter take-offs and landings are a permitted activity. This interpretation of our rules is extremely concerning. The decision today allows us to act urgently to clarify the rules so there is no ambiguity going forward,” Hills said.
As well as seeking clarity from the Environment Court, the council will now initiate a change to the Auckland Unitary Plan “to make it explicitly clear that private helicopter take-offs and landings in residential areas are non-complying activities”, with some targeted areas that may be prohibited activities.
The council’s response came after a panel in June approved two flights a day and 10 flights a month from the couple’s Westmere home jutting out into the Waitematā Harbour.
The commissioners concluded that operating a helicopter in residential zones was a “permitted” activity in the Auckland Unitary Plan (AUP), and inherently associated with residential land use.
This week, Quiet Sky Waitematā, a group set up to oppose private helicopters in residential Auckland, lodged an appeal in the Environment Court.
Quiet Sky secretary Elena Keith said the “radical ruling” reflected an unanticipated interpretation of the Unitary Plan and went against overwhelming public opposition to private helicopters in residential areas.
Williams and Mowbray were “deeply disappointed” with the appeal, saying the approval followed a comprehensive four-year process and was made lawfully and thoughtfully by independent commissioners appointed by the council.
“They have confirmed the grant of consent of helicopter use for residential access is permitted under the Auckland Unitary Plan, subject to strict conditions,” the couple said.
In the public input section of the meeting, Jeanette Budgett, of Quiet Sky, said the Westmere decision prompted the question of what kind of city we wanted.
“This isn’t just a waterfront or a nimby issue. Aerial traffic will be an issue for decades to come for every city in the world,” she said.
Budgett said a “crafty lawyer” had argued that helicopters should be regarded as no different to a car and could come and go from waterfront properties where they could take off over the water to avoid flying over neighbours.
“This is nothing more than privatisation of the foreshore,” she said.
Kim Whitaker, another member of Quiet Sky who lives on Waiheke where there are more than 50 helipads, said: “Today is D Day - decision day, or do nothing day.
“People are p***** off. It’s crystal clear the vast majority of people do not want helipads for non-essential use being consented in the neighbourhood,” he said.
The Herne Bay Residents Association also addressed councillors with co-chairman Don Mathieson showing a video of a test helicopter flight for Briscoe’s boss Rod Duke’s application for a helipad at his boatshed at Sentinel Beach which he later abandoned.
Mathieson pointed out the noise and the rotor wash up on the water as the helicopter flew in towards the beach.
“The natural character of our neighbourhood is being damaged every time those rotors spin.
“We are simply asking this council to protect what we value - safety, privacy, peace, and the right to protect our homes, beaches and public spaces,” he said.
Mayor Wayne Brown was away from the meeting for family reasons.
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