In the introduction to Chapter 27 Stadium of the Dunedin City District Plan the Leith Access Area is described (page 1):
The Leith Access Area is a strip of land adjoining the Water of Leith, which provides pedestrian access along the edge of the waterway access for maintenance of the waterway by the Otago Regional Council.
The sentence is not particularly well scripted.
Rule 27.5.1 (page 8) helps clarify:
(iii) Within the Leith Access Area, as shown on Plan 27.1:
(a) Pedestrian access.
(b) Construction Activities, limited to those associated with authorised maintenance of the Water of Leith.
Chapter 27 Stadium of the District Plan is now operative. This means the Leith Access Area is open for public access and authorised maintenance as a permitted activity.
However, the Area is not open, it has been closed (we will assume) to facilitate construction of the stadium.
Was resource consent for closure of the Leith Access Area processed non notified?
No public notification process was entered into by Dunedin City Council prior to the “temporary” closure.
We note, closure to (we assume) facilitate construction of the stadium is not the same as the permitted activity: “Construction Activities, limited to those associated with authorised maintenance of the Water of Leith”. Rule 27.5.1(iii)(b)
On what basis has resource consent been granted to close the Leith Access Area? On what date was consent granted?
If consent has been granted.
This would be another letter to Chief Executive Jim Harland…aren’t we busy.
In the decision received for Plan Change 8 – Stadium (dated 8 January 2009), the independent commissioners say:
(Decision, page 26)
The changes proposed to the Plan in respect of the Water of Leith include the creation of a Leith Access Area, and the deletion of the requirement for an esplanade reserve along the northern bank of the Water of Leith (Rule 18.5.4). It is difficult to see a manner of providing for this public access along the north bank of the Leith without the inclusion of specific provisions in the Plan.
[Roger Tasker, Panel Chairman] I believe that the creation of the Leith Access Area and associated rules ensures that pedestrian access along this section of the Water of Leith will be maintained, and is superior to the esplanade reserve provisions that can only be utilised upon subdivision of the land which may not take place for some time to come, if at all.
(Decision, page 28)
 In terms of access along the Water of Leith, while access for such works is provided for by way of a formal easement on the certificate of title for the site, we agree with Mr Freeland that its inclusion as a permitted activity within this area of the Stadium Zone would be a more transparent method of providing for the outcome.