According to that report, a no-complaint covenant was “not considered appropriate mitigation“, as the covenant could be challenged in future.
A hearing was held last month where submitters shared evidence and concerns.
Map of the wider area. Photo / HDC
The independent panel, tasked with deciding whether to approve the proposal, has now asked for “a final set” of proposed provisions by May 22.
Specifically, the panel wants planners to consider a draft provision about the no-complaint covenant.
That provision would allow for an agreement called an “inter partes no complaint land covenant” that achieves the same outcome, at a minimum, as the applicant’s proposed no-complaint covenants.
“For the avoidance of doubt, no party should infer from the panel’s comments [about] the proposed provisions that the panel has formed a view that [the application] should be approved,” a direction from the panel stated.
“The panel has yet to complete its deliberations after hearing extensive, contested evidence from the parties.
“However, it requires a final set of the provisions to assist it in those deliberations.”
Hastings District Council confirmed there was no set date for the panel to return its decision.
If the rezoning is approved, the proposed housing project would be built on the eastern side of the golf course, on land owned by Hastings Golf Club Inc.
The aerodrome is on the western side of the course.
As well as building 170 homes, there are plans to upgrade the golfing facilities and make the golf club a tourism destination, where visitors can play and stay at two world-class courses at Cape Kidnappers and Hastings Golf Club.
The aerodrome has been in operation since 1932 and hosts about 40,000 aircraft movements annually, as well as 54 hangar buildings which house about 100 aircraft.
The proposed housing would be under a flight path.
In 2023, a rezoning application (private plan change request for the District Plan) was lodged with Hastings District Council to rezone 82ha of land around the wider golf course.
The rezoning process is an important step for the housing to move ahead.
An independent hearing panel was commissioned by HDC to decide whether to approve the application, after about 100 public submissions were received early last year on the plans.