Mike ZL2BNB, the NZART Local Government Liaison Officer (LGO) has studied the approved plan change and it is not as we expected!
Although most of what amateurs wanted was included in the plan change, the key element was not- towers up to a decent height.
The reasons given in the Council report relate to the ability of the neighbours that are to be affected to consulted if the tower is higher than the allowed building height. The Council considered that a high lattice tower has a visual impact and should not be allowed as of right. The ability to have a tower to the building height and then unlimited supported (or unsupported) poles above this was considered by them to be a workable solution.
We are not limited on what goes on the pole or tower as long as it is not a dish- this was covered carefully and we can have dishes with a few limits.
We are very disappointed by the tower ruling and Mike is approaching NZART for support to appeal to the Environment Court. Advice received is that we can continue this without legal assistance as we are not arguing a point of law but rather why the Council's Officer's recommendation was not taken, considering the precedents achieved in Napier and North Shore appeals.
We have a small number of volunteers working on this and if you would like to contribute your time to proof read and check documents, read cases to get ideas to add or in any other way please contact John ZL2HD. We need to submit our case by 18th June 2010.
Please refer to http://www.wellington.govt.nz/plans/district/planchanges/planchange74.h… and read the Decision Report.