Cable Bay has lost its appeal against a slew of conditions handed out along with retrospective resource consent for its Verandah restaurant by the Environment Court late last year. High Court Judge Campbell delivered the decision last week and also dismissed the winery’s application for a judicial review of the conditions imposed by the court.

Legal representatives for Cable Bay, Auckland Council and winery neighbours delved into unconsented construction and noise complaints during several lengthy hearings before retrospective resource consent was awarded to the Verandah restaurant late last year. But that consent was granted with 71 conditions, including a virtual rebuild of the restaurant to ensure better acoustic performance.

Many of the conditions had to do with limiting noise. Others included painting containers in a recessive colour, keeping a detailed complaints register and ensuring exterior lights affixed to the buildings faced down or inwards to minimise light spill.

Further conditions limited events to up to 30 weddings per year within a designated wedding area, as well as ordering that weddings finish at 6pm and that a physical barrier be installed to keep guests from wandering around the lawn area. Noise limits of 42 decibels (dB) during the day and 32 dB at night were imposed on the winery, and an electronic noise-limiting device was required to control the in-house PA systems.

Soon after the September 2020 decision, Cable Bay appealed saying that 41 of the 71 conditions imposed by the Environment Court were unlawful and would severely restrict activities at the property. Cable Bay owner Loukas Petrou said many of the conditions were “onerous”.

Of particular issue to the winery was that some conditions would restrict the lawn area where patrons could walk and take in the view. However, in his decision last Thursday, 30 September 2021, Judge Campbell said that those conditions were fair and reasonable in relation to Cable Bay’s proposed activities. •Sophie Boladeras

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