Kākā Valley development passes legal hurdle

A controversial plan to enable housing to be built in Kākā Valley is one step closer, but the developer isn’t celebrating yet.

Last week, the Environment Court issued its decision to approve Private Plan Change 28 which would rezone about 287 hectares of land from rural to urban.

The rezoning will enable about 750 homes to be built in Kākā Valley and along the Botanical and Malvern Hills.

The plan change was jointly lodged by a syndicate of two developers. Bayview Nelson is responsible for about 400 homes while the remaining 350 are projected by CCKV Development for the Maitahi Village development in the Kākā Valley.

Andrew Spittal, one of the directors of CCKV, says he is “pleased” by the Environment Court’s decision.

“We’re excited for what it’s going to bring to Nelson.”

While the court’s approval was welcomed, he adds there is “a lot” of work still to do because the plan change doesn’t allow construction to begin.

“When we get a resource consent, that will be the celebration times. There’s still a lot of work to go yet.”

While the plan change was being appealed at the Environment Court, CCKV has been doing “considerable” work to prepare reports and information ahead of lodging resource consent applications.

The plan change outlines the rules development in the area will have to follow, while the resource consents would allow the development to go ahead, provided it follows the rules.

“We have volunteered some pretty stringent conditions … to show that we can build it and be a good citizen,” Andrew says.

He adds that having Ngāti Koata involved in the village development has provided more insights into a “better way of doing things”.

“Their outlook on development and the future is actually quite refreshing.”

Local lobby group Save the Maitai had appealed Nelson City Council’s original approval of the plan change in 2022 due to environmental concerns.

The scope of the Environment Court hearing was limited to sedimentation and erosion control issues for the Maitai River.

Spokesperson Peter Taylor says the group was “satisfied” with the result after some rules were “tightened up” through the hearing process.

He says residents had contributed about $350,000 to help cover the group’s costs which have achieved stronger environmental provisions.

“The community has essentially done the work of the council by doing this.”

Additionally, Peter says it’s “worrying” that the Maitahi Village was one of the projects selected by the Government for fast-tracking under new legislation.

“Our concern is that the fast-track process will let them do something where they don’t have to adhere to environmental best practices all along.”

Andrew has previously said the development will uphold environmental standards.
Save the Maitai’s priority is now ensuring the group can have its say should the opportunity arise through the fast-track process – if the development takes that route – and to monitor the effects of future construction at the site.

“If there is undue damage being caused to the catchment, then we’ll have to notify the council about that,” Peter says.

Kākā Valley was first slated as a potential area for urban expansion back in 2019.
The private plan change was then lodged by the developers in 2021, accepted by Nelson City Council following a public hearing mid-2022, and was subsequently appealed to the Environment Court by Save the Maitai in November of the same year.

The plan change is expected to be formally ratified by the council at its full meeting on Thursday, 5 December.