Gulf Harbour Investments' plans thwarted

MEDIA RELEASE
Available for Immediate Publication

Orewa, 11th February 2009

Gulf Harbour Investments' plans for high-rise residential development on The Hammerhead have been thwarted following a High Court decision supporting the Rodney District's Council contention that the area remains a public space.

Justice Keane of the High Court has agreed with the council's submission that any development of the Hammerhead is to be governed by the Gulf Harbour Marina concept plan.

This in effect puts paid to plans by Gulf Harbour Investments to build up to 300 residential units on the site. Gulf Harbour Investments argued in the Court that the District Plan, which would allow intensive development on the site, should take precedence over the concept plan.

However, in ruling in favour of the concept plan, the Court has decided that virtually all of the site should have unrestricted public access and existing facilities such as the boat ramp, ferry services and car-parking would all be retained.

Rodney District Council mayor Penny Webster has hailed the High Court decision, calling it a victory for common sense and the community.

She says the Council has always held the view that the site should remain as a public recreational area with unrestricted access. Other issues, such as whether the site should be leased to a developer, largely obscured that fundamental point, she says.

"What happened last year is that we re-assessed the situation, decided that we had a legal and moral obligation to lease the site, but not to vest with that lease unrestricted development.

"It was that last point we argued so strenuously for in the High Court," she explains.

Mrs Webster admits to a feeling a sense of relief at the decision. "Right up to the last we didn't know which way the Court would rule. I am personally of the view that the Hammerhead is a wonderful recreational resource and it would have been a great pity to have it developed in the way envisaged.

"But it looks like we can move on and the council will look forward to working with the developers to add to the amenity value of the site as intend by the original concept plan."

Rodney District Council chief executive Rodger Kerr-Newell says the court has also ruled that the council confirms the lease of the site to the developer, something he says the council has no problem with.

"They can have the lease. We didn't fight it in the Court, we were more concerned with making sure the public access was retained.

"If anything, it's a bonus because ratepayers will now be receiving rent for the site," he says.

Council will be meeting today for a briefing on the issue.

ENDS.

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