KEY POINTS:
The fuss relative to the size of former All Black Marc Ellis' proposed Piha cafe is all out of perspective, his lawyer told a hearing yesterday.
No other cafe exists in the popular west coast village and commercial development is not allowed for, under the Waitakere District Plan.
The project proposes to seat 35 customers in a revamped building which is currently an old telephone exchange.
In his submission on behalf of Preserve Piha, the company in which Mr Ellis is a shareholder, lawyer Martin Williams said the process to get the project to where it was meant marshalling an army of experts duplicated across both the city and regional councils and replicated again for the applicant, the generation of reports inches thick, and public notification.
It was "bizarre" and at the end of the day the cafe was just a cafe, Mr Williams told a resource consent hearing in Henderson.
"This proposal has attracted the degree of attention and expert analysis one might more properly expect in relation to [for example] a significant retail or office development, intensive subdivision, quarry or infrastructure-related project."
Another shareholder, Andy Higgs, said tens of thousands had been spent on the project, but his assessment of the situation was plainer.
"It's totally over the top. It's not as if we're trying to put up another Sky Tower. It's a focal point for the community to meet and socialise.
Marc Ellis, 36, a television personality and founder of Charlie's juice company, has turned his entrepreneurial bent most recently to mintshot.co.nz, a website that gets users to watch advertisements in exchange for mint dollars.
He said the cafe wasn't about making money.
"Cafes are notorious for failing. It's not as if we're going to make a lot of money. We're trying to do something that will benefit the community," Ellis said.
The company claims to have 80 to 90 per cent support of the community. However, of the 200 submissions received, 88 were against the development. Opponents say it threatens Piha's natural character.
While Preserve Piha wants the cafe open seven days a week from 7am to 7pm, an Auckland Regional Council report recommends the hours be restricted to 10am to 5pm as the proposed wastewater treatment system wouldn't cope with the amount of waste. Public holidays would also be excluded as trading days.
That was going too far, Mr Higgs said in evidence. "Holidays are the busiest time of the year at Piha. We can see no reason why we should be forced to remain shut when the place is busy and while other businesses at Piha are allowed to trade."
If those conditions didn't change, Mr Higgs doubted the project could proceed.
Those opposed to the development are due to give evidence today.