Opposing submissions to the proposed Bureta supermarket development attack both the developer and the Tauranga City Council.
Progressive Enterprises is seeking resource consent to build a supermarket in a residential zone on the Bureta Park Motor Inn site.
In submissions delivered on behalf of Vale Street resident Jeannette Hurley, real estate agent Stuart Gooch says the application to build a supermarket is not only non-complying as a commercial activity in a residential zone, but it also goes against Tauranga City Council's own planning policies.
The council's City Plan has a commercial centres network across the city, the closest of which is Chapel Street, a business hub of 3.7ha, plus another 7600m2 from the Placemakers site and another neighbouring section the council owns.
The maintenance of the integrity of the network of commercial centres is a cornerstone policy of the City Plan.
These sites have ben conveniently ignored, says Stuart.
Stuart says the council must consider the overall effects of the proposal under the city plan, and this requires a full and proper assessment of what land has been zoned for retail/commercial in the area, including Chapel Street and the nearby CDB.
'It is important to know why these centres have not been considered particularly when the same transport corridor and traffic flows which pass the Bureta site also passes these sites,” says Stuart.
'Chapel Street also has the additional exposure of Mount Maunganui destination traffic and Wharf Street and Sulphur Point.”
The application should have been put forward by way of a Plan Change, says Stuart.
Council rejected this as an option because it would undermine the City Plan, he says.
'It seems bizarre that council would then not publicly notify the application and actually recommend approval.”
A council planner's claim the Progressive Enterprises application is not contrary to the overall intent of the proposed City Plan is wrong, says Stuart.
In terms of the residential zone only small scale home based businesses and homestays are permitted.
A limited range of non-residential activities that support communities such as schools and health centres can establish within the residential zone as a discretionary activity – subject to their compatibility with the existing and anticipated character and amenity of each zone.
The Perry plan for the apartment development on the site was publicly notified, yet council staff felt the Progressive plan suited non-notification.
Stuart also wants Progressive's earthworks estimate of 5000m3 checked out.
More than 5000m3 requires the regional council approval. The Perry Development talked about 20,000m3 of earthworks.
He said the 12 metre wide public reserve strip also disappears with the supermarket development.
Because the development will remove all the available Vale Street parking outside the pensioner housing, Stuart asked why the city council hasn't itself lodged an objection as a landlord protecting the welfare of its tenants in the Vale Street pensioner flats, and the value of city assets.
Both Stuart and Mount solicitor Rob Paterson, who made submissions on behalf of Geoff and Alayne Keogh, raised the flood hazard issue.
Rob questioned why a stormwater report meant to be discussed at a committee meeting this week, has been deferred until February.
The Bureta/Pillans Point area is referred to and reference made to flood hazard maps.
'It should have been available to Commissioners at this hearing as submitters have raised the issue,” says Rob.
Rob says the impacts of the development will not be less than minor, especially regarding traffic and parking.
On traffic and parking issues alone, the development should have been publicly notified, says Rob.
The limited notification has prevented the thousands of people who live in Matua, Otumoetai areas and who drive along Ngatai Road and Vale Street every day from having any say.
They will be affected by any traffic issues in the area, particularly any congestion created during peak hours.



20 comments
More moaning, but does the nitpicking stack up?
Posted on 02-11-2012 12:44 | By Gee Really
Nothing wrong with building a supermarket on land that currently has a pub, liquor shops etc on it. Just look at how popular houses are in the vicinity of Pak N Save or Brookfield New World because it's so convenient. A huge bonus for especially elderly residents who can now walk to get their groceries. As for major traffic congestion I certainly haven't noticed it at Pak N Save or Countdown. A supermarket's not going to affect people driving along Ngatai Rd or Vale St any more than the existing bars, restaurants, liquor shop and conference rooms. And if it's such a flood hazard, what about the existing buildings and houses all around the area on the same or lower level? In the words of Shakespeare, Much Ado About Nothing.
THE STAFF SAID
Posted on 02-11-2012 12:45 | By TERMITE
To Elected members that it would be publically notified, then decided that it would not be, the real question here is why was that change made when it is clear that many issues exist each of which says that it should be a full public notified hearing, in addition the City Plan needs to be amended first.
WRITING THE RULES AS GO
Posted on 02-11-2012 14:35 | By TERMITE
It is clear from this development plan that the City Plan must be changed (otherwise what is the point of having it) first before the application was considered. The plan is completely inappropriate for the site and should be dealt with accordingly.
Elected Members delegate to the CEO (staff)
Posted on 02-11-2012 15:30 | By Murray.Guy
If a consent is required, as does the above, as the proposed development / activity in non-complying, TCC staff make the call in regards who will have the right to participate in the process. Staff only make the call having been delegated that responsibility from Elected Members. This effectively disenfranchises the community. Any and ALL non-complying resource consent applications should have maximum notification as the 'rule', rather than the 'exception'. All non-complying pre-hearing notification processes should be determined by the Elected Members, in the public arena, who will take into consideration advice from staff, road engineers, landscape and urban planners AND the community - who we are actually supposed to 'work for, represent'. The community have been consulted on what activities are appropriate in what zones - it must be the community that has meaningful opportunities when individuals/companies seek to disregard the zones.
Not Again
Posted on 02-11-2012 15:45 | By Jitter
TCC staff have stuffed up again making a decision which goes against TCCs own planning policies. It appears that TCC can break it's own rules whenever it feels. What is the point of having rules and planning policies when TCC can break them whenever they like. I can understand why TCC staff decided not to publicly notify the application as it would have caused a massive public protest exactly as has occurred now. Whoever the TCC staff dingbat was who decided to change the rules to suit the situation should be given their cards and shown the door immediately. I just hope these objectors win their case hands down. I wonder how much of a donation is being made to TCC by Progressive Enterprises.
Kay
Posted on 02-11-2012 16:17 | By Kwal75
Despite protests about'process', the fact remains that Tauranga needs another supermarket in this area!
Kay
Posted on 02-11-2012 16:17 | By Kwal75
Despite protests about'process', the fact remains that Tauranga needs another supermarket in this area!
Some residential zone, it's got a pub on it.
Posted on 02-11-2012 19:00 | By Phailed
Plus a bottle store and restaurants and conference rooms. A supermarket is much better in my opinion and the opinion of actual neighbours if you read the previous story where 21 out of 13 neighbours want the supermarket. I haven't noticed traffic jams outside Countdown or Pak n Save. Thank goodness some people are prepared to invest in Tauranga, but with all the complaints it's a wonder they bother.
Grow Up Tauranga
Posted on 02-11-2012 20:37 | By carpedeum
For goodness sake- pull your heads out of the sand-open your minds - and step into a new Century -all you nay sayers. Lets have some change and PROGESS for the people.
BUILT IS A
Posted on 02-11-2012 22:38 | By SCARLET PIMPINEL
That is because the zoning does not permit that usage, so the right decision is that it will fail before it starts/
Question for Cr Guy?
Posted on 03-11-2012 08:59 | By Phailed
So how far to you go with this notification? I'd have thought the surrounding residents were ample. Oh, it seems they were notified and of those who had an opinion 21 were in favour and 13 against, plus 2 neutral. Or do you really want to notify anyone who drives past the property just in case there might be a little bit of traffic occasionally??? Cr Guy, how about leaving your by the rules bureaucratic council mindset behind and look at reality. I think you'll find the majority of actual affected residents prefer this commercial business (supermarket) to the commercial business (pub, liquor store etc) that already exists on this site.
We think its fantastic
Posted on 03-11-2012 11:44 | By blokebear
Us and the neighbours I been talking to just think its fantastic, we live behind it off bureta road up the hill and our only concern is that our intersections should have traffic lights. Other than that WOW what an excellent idea, sure will give the area just what it needs to make it trendy. Chapel street is too far and the traffic is caos there, last thing that needs is more!. I would love a restaurant and bar to go on the other piece of land for sale... ITS A BIG YES FROM US!!!
PHAILED TO UNDERSTAND
Posted on 03-11-2012 22:04 | By PLONKER
The planned development does not comply with the zoning (as already done and approved by the whole of Tauranga) to change that means that the applicant should seek first to change the zoning and as Mayor Crosby has correctly pointed out in Tauriko area (same issue) that will take maybe 10 years or more for Smartgrowth to come back on with a correctly considered and justified plan forward.
True Murray
Posted on 05-11-2012 14:00 | By The Tomahawk Kid
Murray Guy said: The community have been consulted on what activities are appropriate in what zones - it must be the community that has meaningful opportunities when individuals/companies seek to disregard the zones. Well said Murray - that is true as the laws stand, and that is what should happen. HOWEVER, I believe it would be preferable if it was not the councils business to make these laws and zones in the first place. It should be the business of the surrounding property owners to make objections to a prospective development (not council). If neighbours can prove (through common law) that a prospective development would have a negative effect on their lives, health or property, then THEY are the ones who have a case - it should not be council business. Although as the political climate stands NOW, Murray Guy is right on the money (although I disagree philosophically). The REASON this is currently a problem is not because of the laws, but the fault of the SYSTEM that allows council to MAKE these laws, and the people who vote for councils to PERPETUATE THEM.
MURRAY IS RIGHT
Posted on 08-11-2012 16:00 | By YOGI
The community at large shoudl be allowed full oppurtunity to comment and have input to any change to the city plan, that was approved by full public consultation and should only be varied by yet again full public consultation. The applicaiton must be thrown out until this is done fully and properly.
Plonker, Yogi etc fail to understand
Posted on 09-11-2012 11:27 | By Phailed
If anyone wants to do anything that doesn't comply with the letter of the rules you seem to love, they can apply for an exception. This is what this application is about. Can a supermarket exist on a site that currently has a pub, restaurants, rooms and liquor shop? Now you may say no because you seem obsessed by rules and regulations (ever thought of getting a job as a council inspector?). If these petty rules are so important please explain how the current commercial businesses got on this so-called residential site in the first place? Murray Guy could well do to explain that also. Or do the rules that allowed the pub that sells booze and cooked food not apply to a supermarket that sells food etc? I'd have thought they were about the same, though your rules-bound mindsets may not.
Zoning won't stop it
Posted on 09-11-2012 14:01 | By Pottzz
I doubt the zoning issue would stop it.. That Storage place in Westminster drive Cambridge Heights is zoned residential and it got building consent
BACK PHAILED ON THAT ONE
Posted on 11-11-2012 16:43 | By PLONKER
Phailed you missed the essential point here, the current applicaiton fails to fitr within the current city plan, so if TCC follows its own rules (only happens when suits of course) then the application will have to 'Phail'. All the applicaiton needs is to include a request for a change of zoning then the problem is solved and the applicaiton to build would achieve all in one effort. Sadly the turkeys are not in a row here and the applicaiton simply goes to the last step and a rubber stamp end.
COUNCIL
Posted on 12-11-2012 23:27 | By PLONKER
They just have to lose that applicaiton, does not comply with the city plan so not a permitted use. game Set match! before it starts
NOT A PERMITED USE
Posted on 19-11-2012 12:04 | By YOGI
The application must then fail, it is completely common sense for that to happen and it should, to do otherwise will set a very bad example.
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