Save public access to Te Arai Beach SAVE Te Arai - Make Pacific Road a public road
This petition had 5,115 supporters
The Developers of North Te Arai are attempting to privatise a public beach at the end of Pacific Road by moving the carpark, therefore making access difficult or impossible for many current users.
There have been several serious lapses in the consenting process thus far and we call on the Auckland council to immediately revoke the Subdivision Consent (RMA/SLC-65973) and immediately begin the vestment process of Pacific Road (when deposited in DP 483489 on 18/12/2015) into a public road including the pre-existing carpark.
Cause for the revocation of consent
Lack of Due Process
- The Auckland Council deemed that notification for this consent was not necessary. Contradictory to their notification guidelines. “When we make a decision on a resource consent, we consider... how the activity will affect other people’s use and enjoyment of the environment”.
- The subdivision will move the carpark at between 413-450m* metres away from the beach. We believe this significantly affects everyone that uses that beach now and in the future.
- No parties that submitted to the original ruling document (PC166) and Environment Court Decision 2014, which reference the Pacific Road and carpark (as of 2014) were notified when subsequent rulings were changed by council on request of the developers.
- The the non-notified application for the sub-division for lots 12-20, the shortening of Pacific Road and the relocation of the carpark was approved on 23 December 2015.
- It was also noted by Council in the early conditions that it was important to:
"Retain the option to provide for vehicle access into the reserve including parking should the need for a carpark in this location be determined through the management plan process;
Safeguard options for future access and the recreational development potential of the reserve.”
There were unilateral decisions made by council after this date in further amendments to remove the above access clauses in the consent conditions which aid in the developers privatisation of the beach. These changes are dated 15 February 2016. Non-notified.
*The 450m measurement is taken from centre to centre of existing carpark to proposed carpark from the scale plans submitted to Council as part of the development. The 413m measurement was taken using a measuring wheel along the current pacific road measuring the distance from centre of the clear felled area of the proposed carpark to the end of the pacific road at a distance equal with the centre of the current carpark. We did not run this measurement to the centre of the current carpark as that would give an exaggerated measurement. Please note that the 413m measurement is based on what is currently felled in the proposed location and a final survey is still needed.
Lack of Due Diligence
- On request we received initial approved documents received from Council there were 2 different positions of the proposed carpark and 1 scheme where there is no proposed carpark shown at all. These documents dated 22/12/2015 were part of the report that the delegated planner signed off on the 23/12/2015.
- The Environment Court’s ruling on PC166 that, “the existing public easement over Pacific Road shall be widened to an average width of at least 50 metres to provide for safe, pedestrian, cycle and equestrian use.” This is not for exclusive use of pedestrian, cycles and equestrian but must also include motorcycles and light vehicles, as per Easement instrument (2015). ‘Vehicle’ access is also mentioned in consolidated decisions on the consent application.
- The proposed walkway beside lot 20 is neither wide enough (max 10m wide) and has been stipulated on the consent plans to be “Pedestrian only” which is in direct conflict with the official grant of easement of public access where, “The grantor shall permit and allow access by the public over and across the stipulated area on foot, horseback, bicycle, motorcycle or in light vehicle...” The width of such an easement will provide a serious safety risk of a mixed use access of non-motorised activity.
Lack of Good Faith
There has been a gross error in judgement from either the Auckland Council, the developer, or both, and total disregard for the local community’s views.
We request that:
- Auckland Council immediately revoke the subdivision consent relating to the creation of lots 12-20 from lot 400 of the DP 483489 (SLC-65973 and REG-66297). We would also like it noted that Lot 20 completely crosses the existing easement and its positioning is the main cause of for this petition.
- The council to vest the current Pacific Road (when deposited in DP 483489 on 18/12/2015) into a public road on lot 400 and include the pre-existing carpark located on council land (lot 301) in this vestment.
- After the road is public the developers would be welcome to re-submit for the subdivision and scheme for ALL FUTURE development in regards to access roads (both public and private), subdivisions, location of the balance of house lots and their boundaries. We request that this application and all future consent applications relating to the development of North and South Te Arai with the developer or any subsequent owner be subject to FULL PUBLIC NOTIFICATION. Notifications to include but not limited to;
- Mangawhai Local Facebook Group
- Kaiwaka Community Group
- Mangawhai Community Page
- Buy and Sell Mangawhai
- Save Te Arai Beach from development
- Save Te Arai
- The Kaipara Lifestyler
- The Rodney Times
- Kaiwaka Bugle
- Mahurangi Matters
- Mangawhai Memo
- Mangawhai Focus
- NZ Herald
- Sunday Star Times
Notifications be sent to all residents of Rodney and Kaipara districts through postal mail.
We also request full applications and notification be submitted to:
- Te Arai Beach Preservation Society
- New Zealand Fairy Tern Trust
- SAVE Te Arai
If either the council or the developer is unable to contact or post to any of these parties then SAVE Te Arai must be notified.
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