Successful judicial review of 44 Ventnor Road development

Neighbours' sign next to 44 Ventnor Road

Townhouses at 44 Ventnor Road under construction

44 Ventnor Road townhouses under construction

44 Ventnor Road townhouses under construction

Neighbours of the 13 townhouse development at 44 Ventnor Rd in Remuera were successful in the Environment Court with their judicial review of the non-notification and resource consenting process by Auckland Council.

The neighbours applied to the court for a review of non-notification of the application for the terraced apartment project and to have the way the resource consent was granted examined, with a view to both decisions being overturned.

The council now has to consider the application again and work there has to stop. The proposal for such a significant development had not been properly assessed, Justice van Bohemen said.

The judge cited the Government and National Party’s intensification moves on Auckland to allow more houses on sites here in the case whose respondents included developers 44 Ventnor.

“44 Ventnor cannot be faulted for choosing to exercise its legal rights once the consents had been granted.

“However, the fact it chose to take the commercial risk of commencing construction knowing that the consents might be set aside should not deprive long-term fulltime residents in the vicinity of their rights to have the question of whether they are adversely affected by a significant development properly determined,” the judge said.

The council’s planner did not consider the effects of the 13 dwellings, which was more than four times the number permitted as of right in the mixed housing suburban zone, the judge said. The site is zoned Mixed Housing Suburban.

You can read the full decision here .