Plans for Briscoes boss Rod Duke's Herne Bay boatshed to become a helicopter landing pad are going through the Auckland Council system, with the authority now seeking more information to allow it to assess his proposal.
A council spokesperson said Duke's new application was received but further information was needed before a decision could be made about it.
Now that Duke's original boatshed planning consent has been overturned in court, he has gone back to the council seeking retrospective consent for the boatshed alone, and not yet applying for it to be a helicopter landing pad.
"Rod Duke lodged an application on March 15 for a certificate of compliance and a certificate of existing use rights for the reconstruction of an existing boat shed and slip way," the council spokesperson said.
"The council is currently processing these applications in accordance with section 139 and 139A of the Resource Management Act. Unlike a resource consent application, the RMA does not allow notification or any submission process for these certificates," she said.
"The council has requested further information on the applications."
Neighbours strongly oppose Duke's boatshed application, fearing the effects of helicopters taking off from and landing on it.
Richard Brabant, the new planning barrister who Duke hired to lodge fresh applications, said the council wanted technical reports.
"A request has been made for further information, mainly of a technical nature," Brabant said.
"Examples are a navigation hazard report, a survey report, a construction management and construction noise report. These requests are being actioned at present," he said.
The moves follow court action just before Christmas which had the boatshed declared an illegal structure. A judicial review overturned the council's approval of the rebuilt shed - which is not finished, has no slipway and is clad in black although plans are to give it a less severe look and a new cladding if approval is granted.
Kawau Island Action Inc beat Rod and Patricia Duke and the council in court on December 14, those opponents successfully arguing against Duke's boatshed reconstruction in the case .
The property is at 75 Sarsfield St, where Rod and Patricia Duke are expanding and rebuilding an existing house, a project which is still under way.
On August 4, 2016, the Dukes applied to the council for a land use consent and a coastal permit, describing the proposed activity as "reconstruction of existing boatshed and the establishment and use of a helicopter landing pad on the replacement building".
The existing boatshed was subject to a coastal permit.
The council did not to publicly notify or limited-notify the application and it granted the resource consents on August 18, 2017.
But last December, Kawau Island Action Incorporated Society sought a judicial review of both the notification decision and the consent decision. That application for a judicial review was opposed by the Dukes.
The court decision said the previously existing boatshed was at the eastern end of Sentinel Beach, a popular recreational Herne Bay spot. The beach is small, only about 100m long, and only has pedestrian access - via steps at the end of a cul de sac - and sea access.
The old boatshed was about 25m long by 6.4m wide and 6.3m high from the floor level to the apex of the gable roof.
It had a concrete foundation and timber piles and was clad with timber weatherboards at the base, with corrugated iron above and a corrugated iron roof. It had a timber slip-way which has since been removed.
The original structure was demolished and a new boatshed was built within the same dimensions and footprint as the original, the court noted.
"It was proposed that the new boatshed would retain the same form as the old boatshed, including a gable roof, but it would be clad with slatted natural weatherboards on both the walls and the roof," the court decision of December 14 said.
"The helicopter landing pad was to be constructed at the northern end of the boatshed beneath the gable roof. In other words, it is internal to the building on a flat surface. To expose the landing pad, the northern section of the gabled roof would slide back over the southern end. It was proposed that the helicopter landing pad would be for occasional use only and it was not intended to be used for the permanent storage of helicopters," the decision said.
No timeframe has been given for when the council might decide on the latest applications on the boatshed.
KEY DATES, 75 SARSFIELD ST :
• August 4, 2016: Dukes make land use, coastal permit applications.
• August 17, 2017: Auckland Council grants consents.
• December 14, 2018: Court overturns council consent.
• March 15, 2019: Dukes lodge fresh boatshed-only council applications.
• April 2, 2019: Sound test carried out, chopper flies in and out.
• Late last month: council seeks more information on the application.