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Dunedin City Council – Kaunihera-a-rohe o Otepoti

143-193 Moray Place - LUC-2017-48 and SUB-2017-26 - construct a hotel

Resource Consent application - Under Section 93(2) of the Resource Management Act 1991.

Notified resource consent details

Date notified 08/04/2017
Date closed 10/05/2017
Consent number LUC-2017-48 & SUB-2017-26
Notification type Public notification
Name of applicant NZ Horizon Hospitality Group Limited
Location of site 193 to 143 Moray Place, Dunedin, comprising land currently part of the Dunedin City Council Filleul Street Car Park, and legally described as: Lot 2 Deposited Plan 334892 (142952) Part Section 19-21 Block XVII Town of Dunedin (OT3D/890) Lot 1 Deposited Plan 15383 (OT6C/1038) Part Section 17, 17B Block XVII Town of Dunedin (OT185/28) Part Section 17, 17B Block XVII Town of Dunedin (OT185/29) Part Section 16 Block XVII Town of Dunedin (OT187/241) Part Section 19-20 Block XVII Town of Dunedin and being more partially shown on DP2837 (OT235/275) Section 18 Block XVII Town of Dunedin (OT278/22)
Hearing Date 31 July to 4 August 2017
Application description

Land use consent is sought to construct and operate a commercial residential development involving 210 visitor accommodation rooms (hotel rooms), 64 self-contained apartments, four self-contained penthouse suites, together with licensed premises, retail, conference, meeting facilities and on-site amenities, parking, and servicing.  The development proposes a new building with 17 storeys (including the lift core on the top of the building, and three levels of the building extending below ground).  The overall height of the proposed building varies in relation to the existing ground level, but will be approximately 62.5m at the highest point above the existing ground level (including the lift core).  The proposed building is assessed as a non-complying activity under the operative Dunedin City District Plan. The application includes an assessment of effects.

Land use consent is also sought for earthworks because the site development will involve an estimated 8,914m3 of earthworks and a maximum cut depth of 7.35 metres from existing ground level.

Subdivision consent is sought for a unit title subdivision in relation to the proposed building. The application includes plans of the proposed subdivision.

The subject site is located in the Central Activity Zone in the operative Dunedin City District Plan and is located within the north Princes Street/Moray Place/Exchange townscape precinct TH03.

The proposed building is a non-complying activity under the operative Dunedin City District Plan (due to non-compliance with Rule 9.5.2(i) no front or side yards, Rule 9.5.2(iii) veranda requirements along Filleul Street frontage of the site, and signage under Rule 9.5.2(vi)). The building also exceeds the maximum 11 metre height limit under Rule 9.5.2(ii) which requires consent as a restricted discretionary activity under Rule 9.5.3(i). The proposal is also a controlled activity under Townscape Rule 13.7.2(i).

The proposed earthworks are a restricted discretionary activity under Rule 17.7.3 of the operative Dunedin City District Plan.

The unit title subdivision is a non-complying activity under Rule 18.5.2. Rule 18.5.3 requires that every allotment in a subdivision must have both legal access and vehicle access to a formed road. The rules for subdivision do not expressly provide for unit title divisions where the allotments created may comprise multiple units within a building.

The subject site is zoned Central Business District in the proposed Second Generation Plan and a secondary pedestrian frontage applies.

The proposed 2GP was notified on 26 September 2015. The relevant objectives and policies of the 2GP must be considered. Rules in the 2GP can be deemed as operative if no submissions have been made in opposition. The application says that some 2GP rules may be deemed operative. If the decision maker determines that 2GP rules are deemed operative these rules will apply instead of the corresponding Dunedin City District Plan rule.

Date of decision 29/09/2017
Decision Declined - construct and operate a commercial residential development comprising a building of 17 storeys
Appeal reason Appeal against decline of application
Appeal status Withdrawn
Appeal Decision
Date of Appeal decision

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