KEY POINTS:
Auckland's environmental watchdog wants work stopped on a new house which it says will spoil the wilderness experience at one of the jewels of the national public walkways system.
In an unprecedented move, the Auckland Regional Council is seeking a High Court judicial review of Rodney District Council's
decision to grant permission for the house without inviting public comment.
The 641sq m house is being built next to a scenic reserve on a ridge, high above rugged Tasman Sea cliffs.
Trampers, runners and environmentalists are outraged to see its foundations 100m away from the Te Henga-Goldie Bush Walkway, which runs 8km between Bethells Beach (Te Henga) and Muriwai on Rodney's west coast.
The ARC wants the court to declare the land use consent invalid.
At the same time it is asking the Environment Court to order a stop to work on the house and for an order to remove the partially built dwelling.
The dwelling land use consent and a building consent were granted to Parihoa Farms, of Muriwai, which is owned by Anne and Mack Storey.
The land use consent was granted on July 2005.
ARC chairman Mike Lee said yesterday: "We are very concerned that the consent was granted without any consultation with the local community, iwi, Department of Conservation and the ARC.
"This highly sensitive area should be protected as it has national and regional significance, with undoubtedly outstanding landscape values."
The Rodney District Council declined comment yesterday, except for saying it was disappointed in the ARC's action.
Mr Storey said: "It's 3 1/2 years of dreaming and planning and we are unbelievably upset.
"We can't understand why we've been singled out when there is clearly other people in similar circumstances, they're making an example of us for whatever reason."
In a document prepared for the Environment Court, ARC group manager of policy implementation Hugh Jarvis says, a range of key environmental effects were not considered by the council. "I consider the Rodney District Council has committed some fundamental errors relating to the potential effects of the dwelling upon the environment and affected persons and I consider that the proposal should have been publicly notified."
Mr Jarvis says the house will be more visible and intrusive once additional levels are added to the present foundations and it will be some time before planting screens it.
He says the site is within or close to an Outstanding Natural Landscape identified by Proposed Change 8 to the Auckland Regional Policy Statement, which guides councils' planners.
Professor Richard Bellamy, who is patron of the Waitakere Ranges Protection Society, said yesterday that the walkway went through some of the most outstanding landscape available for public pleasure.
"You go the whole time without seeing habitation. I was horrified when I came round the corner and saw this large structure on the edge of the escarpment. Four days later I met Mike Lee to express concern."
Muriwai residents Brian Moorhead and Gaylene Earl protested about losing the chance to comment before the land use was granted.
Architects Patterson says the design is "generated from a desire to retain and enhance the landscape qualities of the area".