Part of the shade cloth at 582 Parallel Road.
Appellants against a decision to allow a kiwifruit orchard to expand around three sides of their rural property will argue the commissioner who made the decision used a flawed understanding of regulations.
Nick and Vanessa Jennings have filed papers in the Environment Court at Auckland against Waipā District Council, saying its decision to allow a kiwifruit orchard to proceed near Ōhaupō has produced a “poor resource management outcome”.
The decision was made by Alan Withy, a council-appointed independent commissioner, and is the second involving him and kiwifruit orchards in less than a year being to be challenged.
At the heart of the issue is that the orchards are growing a type of kiwifruit which flourishes under 10-metre-high canopies – and they block out cherished Waipā rural views for neighbours.
Developers began constructing the canopies, then applied for consent.
The Jennings are objecting to the whole of Withy’s decision at 582 Parallel Road saying his decision was based partly on a flawed understanding of the “permitted baseline” for the shelterbelts.
They have engaged Bill Herbison, managing director of Pier Law in Christchurch, as instructing solicitors and retained Hamilton barrister Phil Lang.
The Jennings want Withy’s decision reversed and the applications for the artificial shelter buildings and shelterbelt refused. Nick Jennings told The News he had already spent $80,000 fighting the application and they are also seeking costs
The other land use consent granted for kiwifruit and being challenged is also in Parallel Road.
Eight months ago, Withy granted a land use consent to construct artificial shelters for a kiwifruit orchard at 383 Parallel Road. A neighbour filed a Judicial Review to the High Court challenging the decision.
The latest decision followed a hearing last month which prompted Withy to grant applications to build kiwifruit shelter structures and planting at 582 Parallel Road, next door to the Jennings’ property.
The Jennings will argue the commissioner did not consider the only expert evidence provided at the hearing from landscape architect Joanna Soanes.
“The decision includes no substantial reference to that expert evidence and no explanation of how the decision was arrived taking account of that evidence,” they say.
“The flawed approach to consideration of the application’s key aspect led to a decision that produces a poor resource management outcome that is inconsistent with the relevant objectives and policies of the rural zone in relation to rural character, open space and amenity.”
District Growth and Regulatory Services group manager Wayne Allan said Withy was a professional and competent Resource Management Act accredited hearing commissioner.
He is one of the commissioners on the council panel for Private Plan Change 20 – the Hamilton Airport northern precinct extension and is also acting as an independent commissioner to determine a submitter’s objection to changes in the Hautapu Industrial zones.
