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Developers behind a proposed subdivision at Arthurs Point have gone back for round two, after being declined consent in March this year.
Commissioners Jane Taylor and Leigh Overton refused consent for the nine-lot subdivision at Atley Rd and Mathias Tce by Larchmont Developments Ltd, which was a limited notification.
However, the company has since lodged another application, which will be discussed at a resource consent hearing on Monday.
The limited notification said consent was sought to undertake a three-stage subdivision, which would ultimately comprise nine lots, creating eight additional certificates of title, with access via a new right-of-way.
The application said after the March decision the developers considered lodging an appeal to the Environment Court, but instead decided to lodge a fresh application, having addressed and resolved several issues raised by commissioners.
One of the reasons was Larchmont believed the March decision contained "significant legal errors".
"A fresh consent application will enable those legal issues to be revisited at council level.
Larchmont considers that to be preferable to other parties incurring what may be unnecessary costs arising from a legal argument at Environment Court level."
The revised application sought approval for the nine lots, ranging in size from 801sq m to 1348sq m, with a new right-of-way access off Mathias Tce to be created.
Stephen and Julie-Ann Winter were the only people notified of the application and submitted in opposition. Their submission said the land subject to right-of-way access was a residential lot, approved for residential activity.
"The proposed right-of-way is not an appropriate activity for that lot."
The proposed new access would cause "significant ongoing adverse effects" with regard to safety and efficiency of the roading network and amenity value of the existing local street.
"The proposed development is assessed ... to generate up to 88 vehicle movements per day alongside our boundary, compared with up to only eight movements that we could otherwise reasonably expect ...
"This represents an 11-fold increase in vehicle activity, in number and intensity ... and we consider with a likewise significant decrease in amenity value and quiet enjoyment of our home."
Commissioners Denis Nugent and Christine Kelly will hear the application on Monday.