Francelle is a specialist Resource Management lawyer with more than 18 years’ experience practising in New Zealand and the United Kingdom. Francelle acts for a broad range of private and public clients with a focus on major urban development and infrastructure projects, in particular residential (including retirement villages), water and wastewater, tertiary and secondary education, large-scale subdivisions, heritage adaptive re-use and significant master-planned retail and commercial developments.
Francelle provides specialist advice on law reform and district and regional plan formulation and was closely involved in the Auckland Unitary Plan promulgation process. She has acted for numerous applicants utilising the COVID-19 Recovery (Fast-Track Consenting) Act 2020 and was appointed Chair of the Expert Consenting Panel to determine the Rotokauri North project referred under the Fast-Track Act. Francelle was also a previous Chair of the Auckland branch of the Resource Management Lawyers Association.
Greenwood Roche has advised Hurupaki Holdings Limited through a Council hearing process, and an Environment Court appeal, to successfully obtain resource consent for a non-complying subdivision creating 76 residential allotments (including associated infrastructure and earthworks), a local café, a recreational reserve and playground, located on the fringe of Kamo in Northland.
As part of its masterplan the applicant proposed a suite of positive benefits that would reduce effects of the subdivision on the environment and improve overall amenity for the wider community. This included extensive replanting, restoration and enhancement of two natural areas - the Hurupaki Cone – which holds particular significance as an Outstanding Natural Feature and an Outstanding Natural Landform – and the Waitaua Stream.
The reporting team on behalf of Whangārei District Council recommended that the application be declined as it did not achieve a “net environmental benefit” as required by the relevant objectives and policies of the operative plan. The application was nevertheless granted by an Independent Commissioner who concluded that overall effects are likely to be minor and that, if consent was refused, then less acceptable outcomes would likely eventuate. An appeal to the Environment Court was made in respect of conditions; however these were ultimately resolved by agreement, with the Court’s final consent determination recently issued under urgency.
Greenwood Roche has successfully assisted Summerset Villages (Parnell) Limited to obtain resource consent for its latest flagship retirement village in Parnell, Auckland.
The village will comprise eight interconnected buildings, ranging from three to eight storeys in height, containing 316 independent living units, serviced units and care / dementia rooms adjacent to the Parnell Train Station and at the foot of Auckland Domain.
Greenwood Roche worked with the wider project team to develop the proposal for a retirement village at the Parnell site over a number of years and subsequently acted for Summerset Villages (Parnell) Limited through the application, public notification and hearings process, with consent being granted by the Council in May 2021. Residential neighbours of the proposed village then appealed to the Environment Court against the Council’s decision to grant consent, seeking extensive changes to the village design and to conditions of consent relating to the lengthy construction period. Through alternative dispute resolution processes, Greenwood Roche successfully negotiated with the appellant and other interested parties to resolve the appeal and a consent order was issued by the Environment Court in August 2022, enabling the development to proceed.
Greenwood Roche recently acted for Bei Group Limited on Plan Change 59: Albany 10 Precinct to the Auckland Unitary Plan (Operative in Part), securing appropriate zoning and plan provisions to develop a comprehensive residential development, which will enable 1,800 dwellings in buildings up to ten storeys on part of the old Massey Campus, near the Albany town centre.
We advised Bei Group through the initial application, including notification and hearing phases and, following approval of the plan change, an appeal by Kristin School to the Environment Court largely in respect of transport matters. Concurrently, Greenwood Roche provided advice on conflicts between Auckland Council’s Plan Change 78 (Intensification Planning Instruments required by the National Policy Statement Urban Development) and proposed Variation 3 to the Auckland Unitary Plan. Ultimately Variation 3 was withdrawn by the Council and the appeal was resolved. On 9 December 2022, Auckland Council’s planning committee approved the operative status of the Plan Change, with formal notification to follow in early 2023.
Bei Group Limited can now progress its vision for its 13.7ha site at 473 Albany Highway - to create a vibrant, diverse and high-quality residential neighbourhood, with a range of housing typologies that will be supported by a new internal street network, quality public open space and a commercial hub to service resident demand. Greenwood Roche is delighted with this outcome and is looking forward to watching this exemplar development come to life.
Greenwood Roche has successfully assisted WFT Finance & Investment Company Limited, directed by Mr Wayne Wright and Mrs Chloe Wright, to secure a private plan change to the Hauraki District Plan to rezone the 33 hectare former Paeroa Racecourse site and approve a Structure Plan to facilitate a mix of residential, commercial and open space development at the site.
Plan Change 5 was approved by the Hauraki District Council following a public notification and hearings process. Development of the site in accordance with the approved zoning and Structure Plan provisions will enable approximately 240 residential lots of various sizes to be provided, and a new chapel and associated commercial and visitor accommodation offerings to be developed. Development of the site will contribute meaningfully to Paeroa’s housing stock and to attract tourism to the Paeroa area. On-site amenity for future residents, public open spaces, adaptation of existing racecourse buildings on the site, and community activities and facilities will also be provided.
Francelle Lupis and Amelia Alden recently assisted Summerset Villages (St Johns) Limited in obtaining resource consent for a large retirement village in St Johns, Auckland.
The application was heard in the Environment Court, where Judge Smith, Commissioner Gysberts and Commissioner Prime held the consent as proposed “is appropriate and properly balances the interests of intensification with the need for compatibility with the residential environment and the impact on visual amenity”.
The village will range between two and six storeys and contain 328 units made up of independent living units, serviced units and care / dementia rooms.
On 26 July 2023 an expert consenting panel granted Hughes Developments Limited’s Faringdon Oval application under the COVID-19 Recovery (Fast-track Consenting) Act 2020.
Faringdon Oval is a 69.3ha extension of the existing, well established Faringdon community in Rolleston, which has developed over the last decade under the Operative Selwyn District Plan, the Housing Accords and Special Housing Areas Act 2013, and more recently, the COVID-19 Recovery (Fast Track Consenting) Act 2020.
The Fast Track consent for Faringdon Oval authorises the subdivision, land use and associated activities needed to facilitate the addition of 684 residential units to the Rolleston housing supply with an additional 462 residential units to be enabled through super lots with minimum density requirements. The development will support a range of residential housing types and densities, high quality landscaping, open space reserves, a neighbourhood centre and a network of transport links to existing residential areas and the Rolleston town centre.
Greenwood Roche is delighted to have assisted HDL in delivering a development that will contribute significant housing supply in such a strategic location for the wider Canterbury region.
Partner, Greenwood Roche 2019 –
Principal, Greenwood Roche 2016 – 2019
Senior Associate (previously Senior Solicitor, Solicitor), Russell McVeagh 2007 – 2016
Solicitor, Richard Max & Co, London 2005 - 2006
Solicitor, Jeffrey Green Russell, London 2004 - 2005
Solicitor, Minter Ellison 2003
LLB (Hons) / BA
DDI: +64 9 306 0495
Mobile: +64 21 333 267
Phone: +64 9 306 0490
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Francelle is primarily based in Auckland.
Physical: Hayman Kronfeld Building
15 Galway Street Auckland 1010
Mail: PO Box 106006
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