11 Dec 2017

Helicopter dispute: Briscoes boss v Council

8:53 pm on 11 December 2017

The managing director of Briscoes is taking the Auckland Council to court to appeal a decision that he won't be able to land his helicopter at his new home whenever he wants.

The Dukes have consent from the Auckland Council to transform the boat shed at the property.

The Dukes have consent from the Auckland Council to transform the boat shed at the property. Photo: RNZ / Sally Murphy

Rod Duke and his wife Patricia Duke are building a mansion on Sarsfield Street in Herne Bay - one of the wealthiest suburbs in the city.

They have consent from the Auckland Council to transform the boat shed at the property, which overlooks the popular Sentinel Beach Reserve, into a helicopter pad - but can only land and take off three times a week.

Mr Duke said he needs to use a helicopter up to six times a week so he can fly to golf and show visitors around the city.

He said his neighbour at the end of Sentinel Beach was allowed to use their helicopter pad six times a week, and it was only fair he should too.

"I want the helicopter pad there so I can travel more frequently and conveniently to the spots I want to go to.

"I travel to golf up and down the coast... down to Taupo and up to Mangawhai... I have friends that come from overseas and it might be nice to take them for a ride around Auckland and show them all the sights."

Auckland Council is going to send noise experts to the property to determine how many flights can be made per week and whether or not the issue can be mediated, or whether it will go to a formal hearing.

Construction at Rod Duke's Herne Bay property.

Construction at Rod Duke's property. Photo: RNZ / Sally Murphy

Neighbours spoken to by RNZ were unaware of the consent for the helicopter pad.

One man said he was not concerned by it because another neighbouring property already has a heli-pad which is used almost on a daily basis.

That property is owned by property investor Ben Cook who bought it in 2015 for $24 million.

Herne Bay Residents' Association co-chair Dirk Hudig said he had had one complaint about noise from the almost daily use of the helicopter pad at the end of Sentinel Beach that belonged to the property investor Ben Cook.

Neighbours were not told about Mr Duke's consent, but he believed they should have been notified, Mr Hudig said.

"The pad on the point is not as likely to cause offence as his one is, because his is much closer to neighbours and basically on a beach which is used by the public for recreational activities."

Waitemata local board member Vernon Tava said the board did recommend to the council that the consent should be limited notified - which means neighbours and those who would be affected by a helicopter coming and going should be able to give submissions to the council.

He said he wasn't sure if the council adopted the recommendation.

Mr Duke said he had "no idea" why Auckland Council had restricted the use of his helicopter pad to three times a week.

Auckland Council had not yet responded to requests for comment from RNZ.

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