Upper Hutt council’s fast tracking ‘schemozzle’
A request to fast-track an Upper Hutt housing development is a “schemozzle” that should serve as a warning of the danger posed by a new government policy, a law academic believes.
Professor Dean Knight, of the Victoria University of Wellington faculty of law, made his comments in relation to the Upper Hutt Council asking for approval to build up to 2040 houses in Silverstream.
The Government is currently proposing to give three ministers the right to fast-track projects. The bill is before the Environment Committee, which will hear from more than 1100 submitters over six weeks.
The council’s approach could set a worrying trend, Knight said.
“This schemozzle gives us some insight in to the brave new world of fast-track approvals on steroids. Developers, and it seems local authorities too, will be attracted to expedited ministerial approval processes, where they can cut themselves adrift from the processes of local democracy and the associated demands of environmental protection.”
Council chief executive Geoff Swainson wrote to the Government asking it to fast-track a project to build up to 2040 houses above a piece of land known as the Silverstream Spur. The council owns the spur and intends to build a road to provide access to the development.
Councillors, however, appear to have been blindsided by the application.
This week, five issued a joint statement saying the chief executive’s letter did not accurately reflect the council’s position and they wanted it corrected. The decision to ask for the fast-track was made at a meeting attended by mayor Wayne Guppy, Swainson and a senior council officer.
The application has upset Jason Durry, of the Silver Stream Railway, which is based at the bottom of the spur.
The club has battled the council for nearly two decades, arguing the road it wants to build would destroy an area of significant flora and fauna, as well as increasing the risk of flooding.
A lot of work had gone into making a submission to a recent plan change, which he said now felt like a waste of time.
“There is a process going on and this just short-circuits it ... it is undemocratic.”
The council told The Post it did not accept it had acted undemocratically and it was not clear how the proposed fast-tracking process would interact with the resource consent process. Swainson acknowledged the “likely” intent was “some form of override”.
A report to councillors “in the near future” would be looking for direction as to how they now wish to proceed.
Knight said Upper Hutt was flouting the spirit of the Local Government Act to “conduct its business in an open, transparent, and democratically accountable manner” and such a major decision should have received “heightened attention” from local politicians.
On Tuesday, councillors were summoned to a meeting, after which councillor Emma Holderness confirmed that neither she nor Dylan Bentley, Matt Carey, Tracey Ultra or Chris Carson were aware of the application until it was raised by a member of the public.
Not only did the application not reflect council policy, they opposed any move to limit public consultation.