Resource consent - 57–59 Kingsford Smith Street Lyall Bay

Status Closed
Start date 7 November 2017
Closed date 5 December 2017
Location 57–59 Kingsford Smith Street Lyall Bay
Service Request Number 387233
Name of Applicant KSS Properties Limited c/- Morgan Slyfield
Applicant's Address for Service KSS Properties Ltd
C/o Morgan Slyfield
Stout Street Chambers
PO Box 117
Wellington 6140

What happened to this public notice?

Wellington City Council sought feedback on a proposal to construct a six-storey building (with a basement) containing 66 residential units, 808m² of business/retail space and 59 car parks. The proposed building will be 19.8m in height.

See the latest updates below.

If you have any questions, email bus.planning@wcc.govt.nz or phone 04 801 3590.

Latest updates

15 April 2019

On 11 February 2019 the Council exercised its power under s 91C of the Resource Management Act 1991 to return the application for resource consent to the applicant due to the extended period the resource consent application was on hold for.  If the applicant wants to proceed with their proposed development they will need to re-lodge a new application. Update on Resource Consent Application.

24 August 2018

KSS Properties Ltd have requested that Wellington City Council suspend the processing of the resource consent application for a mixed-use building at 57-59 Kingsford Smith Street under Section 91A of the Resource Management Act (RMA). Under the RMA, if the applicant requests their application be suspended, Wellington City Council are required to stop processing the resource consent application immediately. Council has acknowledged this request and have subsequently suspended processing of the application from 24 August 2018.

Council will advise the submitters once the applicant requests that the processing of the application resumes.

2 August 2018

On 26 July 2018, the applicant, KSS Properties Ltd, provided further information to the application and has requested the Council recommence the processing of their resource consent pursuant to Section 91A of the Resource Management Act 1991 (RMA). See: further information from the applicant.

The Council will continue processing the application on the basis of the most recent information supplied (received at the Council on 26 July 2018). The most recent information includes changes to the design and use of the proposed building and the car parking onsite. 

On 30 July 2018, the Council requested further information. See: Request for further information – 30.07.18 (164KB PDF)

The Council has also extended the processing timeframes pursuant to section 37A(4)(b)(i) of the RMA. 

The Council will continue processing the application and a 87F report will be ready for distribution on 30 August 2018.

12 February 2018

The Council made a request for further information pursuant to section 92(1) of the Resource Management Act (1991). We will make this information available here once it has been received. See: Request for further information – 29.01.18 (141KB PDF) 

23 January 2018 

The applicant, KSS Properties Ltd, has requested pursuant to 91A of the Resource Management Act 1991 (RMA) that the processing of the application be suspended. Under the RMA, if the applicant requests their application be suspended, Wellington City Council are required to stop processing the resource consent application immediately. The Wellington City Council has acknowledged this request and have suspended processing of the application from 23 January 2018.

Council will advise when processing of the application of the application resumes.

December 2017

The application has been referred to the Environment Court for determination, rather than being heard by the Council (a 'direct referral'). 

The Council will now prepare a report (87F report) for the Court on the application. We will provide a copy of that report to the applicant and to all submitters, on or about 25 January 2018. We will also make a hard copy available from Wellington City Council, 101 Wakefield Street and post an electronic copy on the Council's website.

After receiving the Council's report, if the applicant continues to want its application to be determined by the Environment Court then it must notify the Court and all submitters of its intention to do so (alternatively, the applicant can choose at that point to have the application determined by the Council). 

If and when you receive the applicant's notification (called a ‘notice of motion’) you can then become a party to the Environment Court process under section 274 of the RMA. A copy of the relevant form of notice, form 33 in the Resource Management (Forms, Fees, and Procedure) Regulations 2003, is available on the Environment Court's website:

Prescribed forms & filing fees – Environment Court of New Zealand

Documents

Further information from the applicant – supplied 26.07.18:

More information

If you have any questions, email bus.planning@wcc.govt.nz or phone 04 801 3590.