Mayor offers to mediate as locals fight mall growth

St Lukes expansion. Photo / Google Earth, Herald Graphic

Auckland Mayor Len Brown has intervened in the row over doubling the size of St Lukes Mall - before disappointed residents march off to the Environment Court.

Westfield's plan to create New Zealand's largest mall was approved yesterday by the Auckland Council at its first business meeting.

However, rather than leaving residents to like it or lump it, Mr Brown put his credibility as a "firm but fair" mayor on the line by offering to attend a mediation process of all parties.

"I'm prepared to put myself in the middle of this to get a better way forward than we have at the moment," he said. "I can't say what the outcome will be and I'm approaching it with an open mind."

St Lukes Community Association convenor Graham Dekker said he was pleased at the mayor's offer.

"We will be taking it to the Environment Court and the court requires both parties to go into mediation.

"Most councillors expressed dissatisfaction with the proposal but they voted for it based on procedure, which is understandable, though disappointing."

He said the association's case would focus on the impact of the proposed mall expansion on the neighbouring community.

Having to make a decision was described as a "hospital pass" by councillor Cameron Brewer, in a reference to Auckland City Council's baulking at making such a ruling on the eve of the October local body election.

The city council had delegated its role of hearing submissions and making recommendations on the rezoning to a panel of non-elected commissioners.

On August 18, their recommendation of approval, subject to amendments, left residents feeling bitter and saying commissioners had dismissed all their concerns.

Their complaints allowed the city council on September 23 to delay considering the analysis and recommendation until officers could report on residents' concerns.

Rehearing all submissions again was an option proposed yesterday by local councillor Cathy Casey.

"We are a new council and we have a new way for the future. Make your mark by saying this is not what we want for our communities. It's too big. It will cause gridlock and is not for the people. The people don't want it."

The council received a report from outer isthmus planning manager Marc Dendale. He said concerns raised by submitters and residents were all considered by the commissioners and therefore the council should adopt their recommendations.

The report was backed by an opinion from Simpson Grierson lawyer Bill Loutit.

"There would need to be extraordinary circumstances to justify the resulting delay and the significant expense to all parties of rehearing this matter. In our view no such circumstances exist," he said.

"There would usually have to be strong evidence of a breach of decision-making requirements before rehearing is required."

Westfield director Justin Lynch said it supported Mayor Brown's stance. He said the plan change was merely a first step in planning for Westfield's land holdings at St Lukes.