Are they non-complying and improperly-consented?
Firstly, an update: Your many protests and objections have been effective in persuading Auckland planning to send Obsidian’s application back for more information. Quiet Sky Waiheke have strongly challenged the way that Auckland has awarded helipad applications in the past, pointing out three different provisions in the District Plan that should require applications to be refused if they damage peace, quiet and safety. The Obsidian application is in the hands of a planning consultant under contract to Council who will prepare a report and recommendation. This will be reviewed by the planning staff and submitted to an ‘independent’ duty commissioner who will approve or decline the application. We have been told that all our emails, memoranda, and other documents will be submitted to this commissioner.
Our petition with 1368 names was delivered to the Auckland Council planning committee on 5 August. It included a call for a moratorium on all new helipads. While Council probably won’t formally declare a moratorium, we hope that the petition will help bring about a reform of the way the planning staff has dealt with helipads, beginning with Obsidian. The strong notice of motion from the Waiheke Local Board on 21 July has encouraged the same outcome, particularly since it will require a formal response by Auckland Council.
Nonetheless there has been a new application for a helipad, at 345 Gordons Road. We have submitted a letter outlining our objection to that, and we encourage others to again voice their own opinions to:
brad.allen@aucklandcouncil.govt.nz
Planning Team Leader, Auckland Council
with copies to:
ian.smallburn@aucklandcouncil.govt.nz
General Manager, Resource Consents
craig.hobbs@aucklandcouncil.govt.nz
Director, Regulator Services
cath.handley@aucklandcouncil.govt.nz
Chair, Waiheke Local Board
pippa.coom@aucklandcouncil.govt.nz
Auckland Councillor for Waiheke
chris.darby@aucklandcouncil.govt.nz
Chair, Auckland Planning Committee
quietskywaiheke@outlook.com
Quiet Sky Waiheke
Your previous emails have been so effective in prompting action within council.
We have also been told that a decision is pending on whether council has been processing helicopter consents wrongly. Both the Obsidian and Gordons Road applications and all of the other 48 have been made as though the activity is restricted discretionary (which means council has a restricted amount of discretion…or in other words can’t decline the applications, so long as they meet very lax rules). However, a comprehensive planning opinion makes clear that this is wrong, and that more rules from the district plan apply than have been considered and that overall helipad applications are non-complying.
Below is a list of the consented helipads on Waiheke Island. If they have indeed been incorrectly-processed, the consents could be overturned by judicial review. In a similar situation – in which not all of the plan rules were applied by council when processing consents – property owners were asked to reapply for their consents.
| Consent Number | Activity | Address | Decision Date |
| LUC60344718 | To establish a new helicopter pad on the subject site, | 55 Korora Road WAIHEKE ISLAND 1081 | 27 Sep 2019 Granted |
| LUC60339218 | Establish a helipad | 12 Alan Murray Lane Waiheke Island Auckland 1081 | 24 Jul 2019 Granted |
| LUC60332379 | Helipad | 520 Cowes Bay Road Waiheke Island Auckland 1971 | 11 Apr 2019 Granted |
| LUC60327253 | Helipad | 142 Cowes Bay Road Waiheke Island Auckland 1971 | 12 Nov 2018 Granted |
| LUC60325117 | Helipad | 26 Donald Bruce Road Waiheke Island Auckland 1081 | 26 Oct 2018 Granted |
| LUC60317583 | Helipad | 55 Nick Johnstone Drive Waiheke Island Auckland 1971 | 18 Jul 2018 Granted |
| LUC60308702 | Helipad and flight movements. | 192 Cowes Bay Road Waiheke Island Auckland 1971 | 5 Feb 2018 Granted |
| LUC60305239 | Helipad | 43 Park Point Drive Waiheke Island Auckland 1081 | 15 Jan 2018 Granted |
| LUC60303456 | Helipad | 13 Alan Murray Lane Waiheke Island Auckland 1081 | 31 Jul 2017 Granted |
| LUC60115286 | Helipad | 161 Nick Johnstone Drive Waiheke Island Auckland 1971 | 21 Apr 2017 Granted |
| LUC60115179 | Establish Helipad | 74 Korora Road Waiheke Island Auckland 1081 | 5 Apr 2017 Granted |
| LUC60129560 | Establish a helipad | 513 Gordons Road WAIHEKE ISLAND 1971 | 30 Sep 2016 Granted |
| LUC60138403 | Establish Heli Pad | 1 Margaret Reeve Lane Waiheke Island Auckland 1971 | 16 Aug 2016 Granted |
| LUC60119892 | Establish Helipad | 72 Onetangi Road Waiheke Island Auckland 1971 | 30 Nov 2015 Granted |
| LUC60087738-A | Variation to consent conditions to enable helicopters to fly after twilight (14 movements) and after 10pm (6 movements). | 171 Carsons Road Waiheke Island Auckland 1971 | 23 Nov 2015 Granted |
| LUC60116010 | On going use of Helipad | 80 Onetangi Road Waiheke Island Auckland 1081 | 17 Nov 2015 Granted |
| LUC60110984 | Construct Helipad | 182 Cowes Bay Road Waiheke Island Auckland 1971 | 28 Aug 2015 Granted |
| LUC60109993 | Proposed Helipad | 341 Gordons Road Waiheke Island Auckland 1971 | 20 Aug 2015 Granted |
| LUC60121640 | Establish helipad | 12 Nick Johnstone Drive Waiheke Island Auckland 1971 | 31 Jul 2015 Granted |
| LUC60134606 | Construct and operate private helipad | 621 Gordons Road Waiheke Island Auckland 1971 | 4 Jun 2015 Granted |
| LUC60133351 | Helicopter landing pad | 220 Delamore Drive Waiheke Island Auckland 1081 | 24 Apr 2015 Granted |
| LUC60112169 | Establish a Helipad | 27 Dolphin Lane Waiheke Island Auckland 1081 | 24 Oct 2014 Granted |
| LUC60118545 | Helicopter movements | 82 Onetangi Road Waiheke Island Auckland 1971 | 30 Jun 2014 Granted |
| LUC60129679 | Establish Helipad | 211 Delamore Drive Waiheke Island Auckland 1081 | 25 Jun 2014 Granted |
| LUC60104428 | Helicopter movements | 41 Park Point Drive Waiheke Island Auckland 1081 | 6 Jun 2014 Granted |
| LUC60111619 | Helicopter landings | 136 Cowes Bay Road Waiheke Island Auckland 1971 | 30 Apr 2014 Granted |
| LUC60116874 | Establish Helipad | 78 Korora Road Waiheke Island Auckland 1081 | 12 Mar 2014 Granted |
| LUC60119234 | Helicopter movements | 14 Te Miro Lane Waiheke Island Auckland 1081 | 7 Nov 2013 Granted |
| LUC60119269 | Helicopter movements | 160 Nick Johnstone Drive Waiheke Island Auckland 1971 | 7 Nov 2013 Granted |
| LUC60107923 | Helicopter movements | 57-67 Great Barrier Road Waiheke Island Auckland 1081 | 25 Oct 2013 Granted |
| LUC60106790 | Helicopter movements | 43 Dolphin Lane Waiheke Island Auckland 1081 | 2 Oct 2013 Granted |
| FVC90046257 | Establish a function facility and helipad | 150 Trig Hill Road Waiheke Island Auckland 1081 | 11 Sep 2013 Granted |
| LUC60135588 | Helicopter Movements | 124 Church Bay Road Waiheke Island Auckland 1081 | 10 Sep 2013 Granted |
| LUC60135663 | Helicopter movements | 126 Church Bay Road Waiheke Island Auckland 1081 | 5 Sep 2013 Granted |
| LUC60135776 | Helicopter movements | 131 Church Bay Road Waiheke Island Auckland 1081 | 9 Aug 2013 Granted |
| CER70005776 | Helicopter existing use. | 83 Delamore Drive Waiheke Island Auckland 1081 | 5 Aug 2013 CER issued |
| LUC60137409 | Helicopter movements | 40 Cable Bay Lane Waiheke Island Auckland 1081 | 2 Aug 2013 Granted |
| LUC60110424 | Helicopter landing pad | 218A Te Whau Drive WAIHEKE ISLAND 1971 | 26 Jul 2013 Granted |
| LUC60112530 | Construct a Helipad | 205A-215A Awaawaroa Road Waiheke Island Auckland 1971 | 21 Jun 2013 Granted |
| LUC60109617 | Helicopter Landings | 192A Cowes Bay Road Waiheke Island Auckland 1971 | 12 Jun 2013 Granted |
| CER70005136 | Existing use of Helicopters | 378 Cowes Bay Road Waiheke Island Auckland 1971 | 27 May 2013 CER issued |
| CER70005912 | Existing use for helicopter movements | 306 Cowes Bay Road WAIHEKE ISLAND 1971 | 11 Apr 2013 CER issued |
| LUC60134351 | Helicopter landings | 60 Cable Bay Lane Waiheke Island Auckland 1081 | 4 Mar 2013 Granted |
| LUC60104130 | Install Helipad | 729 Orapiu Road Waiheke Island Auckland 1971 | 27 Feb 2013 Granted |
| CER70005941 | movement of helicopters | 36 Vintage Lane Waiheke Island Auckland 1971 | 5 Feb 2013 CER issued |
| LUC60110742 | consent for helicopter landings | 725 Man O’War Bay Road Waiheke Island Auckland 1081 | 8 May 2012 Granted |
| LUC60103614 | Permission for Helicopter landings | 60 Cable Bay Lane Waiheke Island Auckland 1081 | 4 Mar 2013 Granted |
| LUC60373786 | Helipad | 22 Te Makiri Road Waiheke Island Auckland 1081 | 10 Mar 2021 On hold |
| LUC60383437 | Helipad | 345 Gordons Road Waiheke Island Auckland 1081 | 13 September 2021 (status unknown) |
Quiet Sky Waiheke 