Two councillors barred from Christchurch housing intensification vote, a third ignores advice to abstain

Monday, 2 December 2024

A housing intensification plan could allow three, three storey homes to be built per section.

A housing intensification plan with huge ramifications for the future of Christchurch will be debated on Monday, but two city councillors say they are forbidden from voting and a third is defying legal advice not to participate.

One is Cr James Gough, the Fendalton Ward representative who has interests in property across town.

The second, Celeste Donovan, only learnt recently she is the benefactor of a family trust which owns “small, tiny” piece of vacant land in the New Brighton area and a couple of properties.

“I’ve only just bought a house, I’ve been a renter my whole life,” said Donovan, who represents the Coastal Ward. She said she'd been told the trust was winding up.

Cr Mark Peters, who represents Hornby, told the meeting he’d received legal advice to not participate at all in the discussion or decision because he was on the Riccarton Bush Trust - a council-appointed position.

Efforts to increase housing density in Christchurch are drawing the ire of local residents. (First published February 9, 2021).

He said he would abstain only from the decision affecting that exact area, because he was not conflicted in any other.

'Today is the day that Hornby elected me to be here to represent them and their interests in this very large piece of work that we're considering,“ he said.

“Thank you for the advice, and I respectfully disagree.”

Cr James Gough interests in land means no matter how he votes, it could be seen as him financially benefiting from a council decision.

Plan Change 14 is a central government-initiated process which seeks to change the city’s planning rules to allow people to build up - rather than out - across much of the city.

It would mainly enable medium density development, allowing three, three-storey units per section.

Building taller buildings, closer together,, was expected to increase the city’s housing stock, improving affordability.

Cr Celeste Donovan says until recently she was a life-long renter, and was surprised to learn she risked conviction if she participated in the decision. (File photo)

The Press understands that Gough and Donovan’s interests in land mean that no matter how they voted it could be seen as them financially benefiting from a council decision.

That could result in a conviction, and consequent removal from office.

Mark Peters, councillor for Hornby Ward, was appointed to the Riccarton Bush Trust.

The council proactively had councillors’ conflicts of interest considered by the Auditor General, a council spokesperson said. They said Mayor Phil Mauger’s land holdings were considered not affected by the plan change.

The councillors who can participate are expected to vote on whether to adopt or reject more progressive planning rules across 40 suburbs or centres in Christchurch, within a radius of between 200m and 800m of a central commercial point within that centre.

The scale of impact depends on how in-demand the suburb is. The largest area is the city centre, zoned between the four avenues.

Christchurch International Airport wants to restrict housing intensification within a 50 decibel noise boundary, as complaints could threaten its operations.

About 50 recommendations, made by the independent hearings panel which oversaw the plan, will be decided on.

However, seven councillors have put forward 21 alternative recommendations and will make their case for them on Monday.

Notably, Crs Sam MacDonald and Mark Peters want sunlight access to be a qualifying matter, or a reason why areas could be exempt from medium density.

The panel has recommended against this, saying the council’s evidence did not prove fears of sunlight loss were real or reasonable.

Separately, MacDonald recommended more restrictive conditions on housing development within the airport noise boundary - or land considered within the 50 decibel range of Christchurch International Airport, spanning to Hagley Park and Blenheim Rd, through sizeable chunks of Avonhead, Ilam, Burnside and Riccarton.

There has been vocal opposition to housing intensification by homeowners, who fear loss of sunlight access and other amenities. (File photo)

As it stands, the panel recommended that the airport would get to decide - or at least be asked for feedback - on whether a proposed development of four or more units goes ahead within that boundary. The properties should also meet acoustic insulation and ventilation requirements.

The developer would also need to manage the risk of future home-owners complaining about the airport and potentially putting its operations at risk.

Any recommendation from the panel which the council rejects will be escalated to RMA reform and Housing Minister Chris Bishop for the final say.

MacDonald suggested that three units, not four, should warrant the airport’s approval, and to remove the option for consent to be granted without approval but with the airport’s feedback.

Crs Peters and Yani Johanson want proposed new height limits in Hornby and Linwood respectively to be reduced.

In Hornby, that included a request for permitted height limits to be 22m within the suburb’s zone, not 32m as requested. Linwood heights were recommended to go to 22m, but Johanson wanted it to be 20m.

Johanson also wanted halve the sphere of impact the new planning rules would have on Linwood, from 400m to 200m from a central commercial point.

The council has also earmarked extra time on Tuesday to vote on changes.

Crs Gough and Donovan were surprised and deeply disappointed to not be participating, but were reluctant to elaborate due to potential legal problems.

The council has been extremely cautious about the plan change process, meticulously following the rules, to prevent any future court action.

Any recommendation from the panel which the council rejects will be escalated to RMA reform and Housing Minister Chris Bishop for the final say.