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A resource consent was submitted in December last year, and further information was requested by the city council in February.
The maximum height of buildings under the Sumner Master Plan is 13m. The proposed new apartment is about 16.45m high.
Marriner Developments has acknowledged in the resource content application that it is a non-compliant activity because of the height.
The company will need to show that there will only be minor adverse environmental effects or that the activity will not be contrary to the objectives of the relevant plan.
That dispute was eventually settled in the High Court in 2019.
Kennedy would not say how long his company had owned the site.
The city council requested numerous information for the resource consent application, including issues related to flood hazards, zone-specific noise rules, sensitive activities near roads and railways, outdoor lighting, signs, minimum number of car park and cycle parking rules, manoeuvring for parking and loading areas, access design, earthworks, Ngāi Tahu values and the natural environment, and building height.
Kennedy said he is currently working on finalising a response to the city council. A date to hear the resource consent has not been set.
He was hopeful building work would start this year.
"The apartment will be built at the entrance to Sumner and it’s a statement point," said Kennedy.
"The whole area was previously downgraded and old, it will be nice to give Sumner what it deserves with this new build."
Kennedy has lived in Sumner for two years. He is planning to retain an apartment for himself.
The apartment building design has drawn some criticism on the Sumner Community Facebook page.
Kennedy said he had received mostly positive feedback, but understood people had different opinions.
"If we all built the same house, Sumner would all be the same and that would be boring," he said.
"I didn’t expect everyone to like it."
Most negative comments focused on the height of the proposed apartments.
The application site is zoned under the District Plan as residential medium density, with predominately two or three storey buildings.
Other people commented that they were happy something was being built.
A city council spokesperson said the owners had yet to formally finalise their response to the request for further information in regard to the resource consent.
"Once this is received, it will be fully assessed and a recommendation made in relation to notification."