Application information for resource consent applications of public interest.

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Portlink update: 11 April 2025

The Environment Court has made its final decision on whether container stacks at the Portlink Industrial Park are buildings and, therefore, subject to the 11m building height limit. The Court’s final decision is the same as its interim decision, issued 18 December 2024, that container storage/transit activity (either individually or stacked), as currently undertaken on this particular site, are not in the District Plan's definition of buildings. Please find attached the Interim and Final Decisions of the Environment Court.

As a result of this decision, there is no limit under the District Plan on the height that containers can be stacked at the Portlink site outside a defined green space. The owner must comply with the conditions of the resource consent previously granted by the Council. These include landscaping, a noise management plan and subdivision conditions.

The Court has now closed its file without awarding costs to the applicants. This is because the parties acted reasonably in seeking a resolution of the issue.  

The appeals and the abatement notices have now been withdrawn because the Court's declaration has determined the issues.

Final decision [PDF, 167 KB]

Portlink update: 23 December 2024

The environment court has made an interim decision on whether container stacks at the Portlink Industrial Park are buildings and, therefore, subject to the 11m building height limit.

The Court's interim decision is that container storage/transit activity (either individually or stacked), as currently undertaken on this particular site, is not in the District Plan's definition of buildings.

As a result of this decision, there is no limit under the District Plan on the height at which containers can be stacked at the Portlink site.

The owner must comply with the conditions of the resource consent previously granted by the Council. These include landscaping, a noise management plan and subdivision conditions.

The Court will issue its final decision next year after further work by the parties' lawyers on detailed drafting recommendations for the Court's Declarations.

Interim decision [PDF, 424 KB]

RMA/2024/517 s357 objection hearing live stream

Resource consent RMA/2022/3611

An independent commissioner has granted the resource consent for Portlink Industrial Park as a non-notified application.

Appeal rights

Resource consent

The applicant lodged an objection under the Resource Management Act to the conditions imposed under the resource consent. The objection was considered by an Independent Commissioner and was upheld.

As a result:

  • The noise conditions have been removed and the applicant has instead volunteered a condition which requires the container operator of the site to undertake a noise management plan. There is still provision in the consent for the 2.4-metre acoustic fence, as well as a requirement to comply with the District Plan's noise standards.
  • A condition that restricted shipping containers and/or buildings to a height of 11 metres has been amended so that it applies to buildings only. Whether containers are deemed to be a building and subject to the 11-metre height limit is the subject of an application for a declaration made to the Environment Court.

Because the Independent Commissioner has made a decision about the objection, the consent is now operative and the applicant is required to comply with the updated conditions.

Certificate of Compliance

The applicant has also appealed the decisions to decline the certificates of compliance and to issue an abatement notice that requires the applicant to comply with District Plan Rules as they relate to building height in the zone. The applicant has applied to the Environment Court for an Order that the abatement notice not be enforced until after the appeals are decided by the Court.

Environment Court Declaration

The Portlink Industrial Park occupier and the landowner have filed in Court a request for the Court to make a declaration in the correct interpretation of the District Plan – in particular, whether containers are within the definition of a building. If they are, they are subject to the rules in the District Plan that apply to buildings, including maximum permitted heights.

The Council asked the Court to direct that the applications for declarations should be served on the neighbouring property owners.

The Environment Court has decided that service on those directly affected by the application should not go more widely than the Council.

Please note the sole issue in this declaration case is the legal interpretation question of whether stacked containers are in the definition of building in the District Plan. Other concerns – such as noise, lights, hours of operation, vibrations, or the Council’s enforcement practices – are not considered in this case.

View a copy of the Environment Court’s decision [PDF, 186 KB].

Get in touch and stay updated

Our compliance staff are responding to complaints and answering queries. If you have an urgent complaint about operations on the site such as noise, please phone 03 941 8999. 

If you have any questions about the Resource Consent process, please contact Mark Stevenson, Head of Planning and Consents: Mark.Stevenson@ccc.govt.nz or 03 941 5583.

Resource Consent application resources

Download a copy of the amended application [PDF, 30 MB].

Combined subdivision and land use application:

Relevant applications

Certificate of Compliance applications:

Certificate of Compliance Decision:

General updates

The application seeks to subdivide land to establish 35 residential allotments. This includes the following aspects:

  • 35 vacant residential allotments are proposed. These range between the sizes of 564 to 2121m2. All lots are proposed to be fully serviced.
  • The proposal is to occur in four stages.
  • Five local purpose utility reserves (drainage) (Lots 2000-2004) and one road to vest (Lot 1000) are proposed.
  • Lots 100-103 are proposed for maintenance in terms of the proposed rockfall fence. These allotments will be amalgamated into Lots 1-35 and a residents association is proposed to be created.
  • Most lots will access via the proposed road however Lots 3-17 and 28-3 will access via the access lots 500-503.
  • One residential dwelling is proposed on Lot 34 in this application. This is to be a three-storey, three-bedroom housing design.
  • The application includes the removal of five street trees to construct the proposed road.
  • Earthworks are proposed in this application which includes works within waterways on site, the remainder of port hills and banks peninsula slope instability management area and rockfall management areas. The volume of works proposed is approximately 12,150m3.
  • The applicant proposes to construct a bridge over a waterway to form the proposed road, rockfall fences and retaining walls to protect from rockfall hazards.
  • The applicant has provided assessments from appointed ecologists, geotechnical engineers, civil engineers, traffic engineers, environmental health officers and landscape architects.
  • The application is overall a non-complying activity.

The application has been lodged for the proposed subdivision at 130 Bowenvale Avenue. The site is zoned Residential Hills Zone which focuses on residential development with a minimum lot size of 650m2.

Most subdivisions including complex infill and greenfield subdivisions need to address matters such as

  • Appropriate subdivision design and layout.
  • Appropriate earthworks design.
  • Erosion and sediment control.
  • Protecting waterways.
  • Managing stormwater and flooding.
  • Transport and access arrangements.
  • Land contamination.
  • Ability to service the development with sewer, water, stormwater etc.
  • Management of geotechnical risks and any other natural hazards.
  • Cultural effects
  • Relevant ecology effects.

This requires obtaining input from specialists in terms (but not limited to) of civil engineering, geotechnical, transport, three waters (servicing, flooding and waterways), environmental health, parks (including arborists) and any relevant ecologists. Depending on the location of the application site, further specialist advice such as consulting with the local Rūnanga is required.  

The proposal includes land use non-compliances such as the construction of a bridge over a network waterway, earthworks and the removal of street trees.

The application is currently awaiting payment therefore processing days have not commenced. Once paid, the application will be sent to relevant specialists to assess the application.

The application will be sent to relevant specialists to assess the application against the District Plan and other regulations such as (but not limited to) the IDS (Council’s Infrastructure Design Standard), CSS (Construction Standard Specification), MBIE requirements (geotechnical), relevant bylaws and WWDG (Waterways, Wetlands and Drainage Guide). If further information is required, the application will be put on hold.

There is a requirement to process an application within 20 working days to provide either a notification decision or a combined decision (if a recommendation is non-notified) to a decision maker. The 20 working day timeframe may be paused if further information is required, if the applicant chooses to place the application on hold, or if an extension of time is agreed to.

Once a request for information (RFI) has been completed, a report is prepared by a Council planner that makes a recommendation on:

  1. Notification (unless notification is precluded by the District Plan).
  2. Whether the application should be approved with conditions or declined.  

Most subdivision applications are directed by the District Plan to be processed as non-notified applications when classified as a controlled and restricted discretionary application, however, in this situation, a case-by-case assessment is undertaken in terms of effects on neighbouring properties and the wider environment.

An independent commissioner will likely be engaged to make decisions on any subdivision application on the subject properties. If an application was to be notified (whether limited or publicly notified), this would extend the timeframe of the application and open the application to submissions (either to identified parties or the public).

Regardless of the notification decision, we are happy to receive feedback to consider on any applications.

Once all relevant information is received, and prior to any decision on whether the application will be approved or declined, a decision will be made by an Independent Commissioner on whether the application will be notified, meaning whether anyone has the opportunity to be a submitter in support or opposition to the application (for example neighbours).

This webpage will be updated as required.

Download a copy of the application [PDF, 29 MB].

If there are any queries on the resource consent application, Please contact Rachel Cottam, Senior Planner at rachel.cottam@ccc.govt.nz.

Resources

This application seeks to subdivide land to establish 12 residential allotments. This includes the following aspects:

  • The proposal will subdivide the site into 12 fee simple allotments, a joint-owned access lot (Lot 13) and three private rights of ways. The lot sizes range between 700 to 790m2.
  • The existing dwelling will be removed as part of the development.
  • Earthworks of an approximate volume of 800m3 are proposed to construct access ways, drainage and minimal re-contouring of the lots.
  • A geotechnical report has been provided with the application.

The application has been lodged for the proposed subdivision at 169 Bowenvale Avenue. The site is zoned Residential Hills Zone which focuses on residential development with a minimum lot size of 650m2.

Most subdivisions including complex infill and greenfield subdivisions need to address matters such as

  • Appropriate subdivision design and layout.
  • Appropriate earthworks design.
  • Erosion and sediment control.
  • Protecting waterways.
  • Managing stormwater and flooding.
  • Transport and access arrangements.
  • Land contamination.
  • Ability to service the development with sewer, water, stormwater etc.
  • Management of geotechnical risks and any other natural hazards.
  • Cultural effects.
  • Relevant ecology effects.

This requires obtaining input from specialists in terms (but not limited to) of civil engineering, geotechnical, transport, three waters (servicing, flooding and waterways), environmental health, parks (including arborists) and any relevant ecologists. Depending on the location of the application site, further specialist advice such as consulting with the local Rūnanga is required.  

The application will be sent to relevant specialists to assess the application against the District Plan and other regulations such as (but not limited to) the IDS (Council’s Infrastructure Design Standard), CSS (Construction Standard Specification), MBIE requirements (geotechnical), relevant bylaws and WWDG (Waterways, Wetlands and Drainage Guide). If further information is required, the application will be put on hold.

There is a requirement to process an application within 20 working days to provide either a notification decision or a combined decision (if a recommendation is non-notified) to a decision maker. The 20 working day timeframe may be paused if further information is required, if the applicant chooses to place the application on hold, or if an extension of time is agreed to.

Once a request for information (RFI) has been completed, a report is prepared by a Council planner that makes a recommendation on:

  1. Notification (unless notification is precluded by the District Plan).
  2. Whether the application should be approved with conditions or declined.  

Briefly, before Christmas 2024, a decision was made by Independent Commissioners on whether to notify this application. The decision was for a limited notification application process – meaning the application has been notified to one party and is awaiting a submission from this party by mid-February.

If the party that has been notified lodges a submission, the applicant and Council officers present their cases at a hearing to a Council Hearings Panel or a Commissioner, who then makes a decision on whether the application should be granted or declined. If no submissions are received a hearing may not be needed. Further updates will be added to this webpage as required.

The notification decision of the Independent Commissioners explains how the decision was reached with consideration of the information in the consent application, the requirements of the Resource Management Act for notification, and the District Plan’s rules. Details of the application can be found through the below links.

This webpage will be updated as required.

Download a copy of the application. [PDF, 20 MB]

If there are any queries on the resource consent application, please contact Rachel Cottam, Senior Planner at rachel.cottam@ccc.govt.nz.

Resources

Update 5/02/2024

This application has been approved subject to conditions.

104 Decision [PDF, 706 KB]

The conditions will be monitored by Council Compliance and Monitoring Team.

Ferrymead Properties Limited and Prestons Road Investments Limited have lodged a resource consent application (ref: RMA/2024/2460) for a Mitre 10 Mega outlet at 394 Prestons Road.

The site is in the Commercial Core Zone.

Key components of the proposal are:

  • A Mitre 10 Mega with a gross floor area of 10,335m² and a maximum height of 10m, associated earthworks.
  • Goods loading is provided in the southern area of the site.
  • 5 separate retail buildings total 3513.6m².
  • Access from Prestons Road.
  • A total of 374 carparks.
  • Landscaping and signage.

Immediately before Christmas 2024, a decision was made by an Independent Commissioner on whether to notify this application. The decision was for a non-notified application process – meaning the application won’t be notified and submissions aren’t able to be made on it – as the effects of the proposal on the environment and people are assessed as less than minor.  

The notification decision of the Independent Commissioner explains how the decision was reached with consideration of the information in the consent application, the requirements of the Resource Management Act for notification, and the District Plan’s rules.  Details of the application including the updated plans can be found through the below links.

Documents

A decision on whether the application should be approved or declined is expected towards the end of January.

Council contact -  Jo McAfee, 03 941 8157 or Jo.McAfee@ccc.govt.nz.

Information on understanding the resource consent process can be sourced from our resource consent page.

Resource consents received and issued 

Resource consent applications are public information. Lists of applications received and decisions issued can be downloaded below. 

Combined applications received/decisions issued

Applications received

Decisions issued