Council Acted On Boatyard In Response To Complaints

Mayor Alistair Sowman is urging new businesses intending to re-locate to Marlborough to first contact the District Council before committing to a site.

Boatbuilder Ian Franklin, who has been operating from Waikawa in breach of the Marlborough Sounds Resource Management Plan, has been the subject of formal complaint to the Council from some Waikawa residents and the matter has now gone to the Environment Court.

“We want new businesses to know they’re very welcome here and that Council staff are very happy to give out information on potential sites. Unfortunately, in this case, there was a problem with the location. Even though, historically, it had been a boatyard, residents know that industrial activity is being phased out to make way for further residential expansion,” said Mr Sowman.

“We don’t want to see new arrivals facing these difficulties,” said Mr Sowman.

The boatyard is located in an area which was re-zoned as residential many years ago.

Council Environmental Protection officer Mark Witehira said the Council had no option but to apply the law when formal complaints were received about the Waikawa boatyard late last year.

“The only way the business could have continued to operate under existing use rights was for activity to have resumed within 12 months of its previous owner stopping business. The complainants say there had been no activity at the yard for more than 12 months; therefore it no longer had existing use rights,” said Mr Witehira.

If Mr Franklin wishes to try and re-establish the activity he will now require resource consent, he said.

“It’s not a case of how clean or tidy or picturesque the boatyard looks, nor is it the Council’s wish to see Mr Franklin shut his business. But letting lapse the existing use right opened the way for his neighbours to act,” said Mr Witehira.

This was a case where the Council had become the meat in the sandwich, Mr Witehira said.

The Environment Court has granted Mr Franklin a stay so he can continue operating his business until it can hear his case. No date has been set.