Ronchi & Anor v Wellington SC.

The Wellington Shire Council determined to grant a permit for the proposal, a decision that Ms Ronchi and Ms Campbell have separately applied to be reviewed by the Tribunal. The Tribunal must decide whether to grant a permit. The proposal for two dwellings in Seaspray is of interest because of the introduction of amendments to Clause 15.08 that have occurred since a Notice of Decision to Grant a Permit was issued by the Council. While the Application for Review has been allowed on character grounds, the decision refers to the application of Clause 15.08 in the context of this case and the need for any future permit application to be informed by an assessment of the site’s vulnerability to the impacts of river and coastal hazards. Arguments by the Council and Respondent that such matters should not be applied, or should be dealt with by conditions, were not accepted having regard to the policy direction at Clause 15.08. It is also suggested that a gap with respect to single dwellings that do not require a planning permit, and may therefore avoid a vulnerability assessment, should be addressed such as through a Scheme amendment. The Tribunal also drew attention to a gap which exists with respect to single dwellings that do not require a planning permit and may therefore avoid a coastal hazard vulnerability assessment. A planning scheme amendment was required to address this gap.