Road Designation Referred to Environment Court

Dunedin (Friday, 6 September 2013) – The designation process for parts of the Dunedin Harbourside Arterial road between Anzac Avenue and the Forsyth Barr Stadium has been referred directly to the Environment Court.

Dunedin City Council Chief Executive Paul Orders decided yesterday a decision on the application should be made by the Environment Court instead of the DCC.

The reasons for the decision are:
• The designation has been publicly notified and there are submissions in opposition.
• Changes to the Resource Management Act now mean designation applications can be considered directly by the Environment Court, rather than having to go through a Council hearing and then an appeal to the Environment Court.
• This application has a long history of litigation and it seems inevitable an Environment Court hearing will be necessary.
• For all parties involved, it is more efficient and timely to have the Environment Court consider this matter directly, rather than await the outcome of an independent commissioner’s decision which is then likely to be appealed.

DCC City Development Senior Planner Paul Freeland says this is the first time the DCC has directly referred a matter to the Environment Court. This is partly due to the RMA changes.

The DCC will notify all submitters of the decision.

Mr Freeland says the next step is for an independent planning consultant to prepare a recommending report within 20 working days of the decision and provide it to every submitter. The DCC then has 10 working days to decide whether it still wants to proceed to the Environment Court.

“If we feel the situation has changed through discussions with submitters, or through other factors, then the DCC still has the opportunity to hold a hearing and make a decision and see whether that decision is appealed.”

If the DCC proceeds with the direct referral to the Environment Court, then usual appeal processes apply.

Last month, the DCC lodged a Notice of Requirement to start the designation process afresh. The Notice of Requirement is a formal process to have land designated as road.

Temporary traffic controls have been in place since the new section of road was opened, while the DCC negotiated with an adjacent landowner over access arrangements.

If the designation is approved, the road will form part of the State Highway 88 network.

ENDS

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