It’s not. Consultation on Plan Change 8 – Stadium (an RMA process) can’t touch road stopping…or can it? Or what about the process for the Notice of Requirement – Harbour Arterial Link? Some things aren’t immediately clear.
Not to put words in its mouth but Dunedin City Council seems to think that no objections raised on road stopping during the plan change process means that road stopping at the Forsyth Barr Stadium site has been fully consulted. Has it?
We raise the questions, looking at the legals helps…
Elizabeth Kerr has not threatened Dunedin City Council with a judicial review of this matter, she has put one letter raising questions about temporary road closure and road stopping to Chief Executive Jim Harland. A courteous reply was received from the council, care of General Manager Tony Avery.
It might be the matter has enough weight to effect a challenge by judicial review. Or not. Nothing more nothing less until more is known.
### ODT Online Wed, 27 May 2009
Stadium road closure challenge
By Chris Morris
The Dunedin City Council is defending its procedures after being threatened with a judicial review over rushed road closures and restricted access to the Water of Leith around the Forsyth Barr Stadium site.
Dunedin District Plan – 27 Stadium Leith Access Area
Temporary road closures or road stopping?
Roading changes, but what of public consultation?
Adopting a moderate tone
Comments at ODT Online
Wed, 27/05/2009 – 12:39pm. Dunners on Clutching at straws
Wed, 27/05/2009 – 11:34am. mt on Why?
Wed, 27/05/2009 – 7:27pm. ro1 on Clutching at straws
Thu, 28/05/2009 – 11:36am. Razor on Road stopping
Thu, 28/05/2009 – 1:22pm. petermcd on Stadium /road closures
Thu, 28/05/2009 – 4:12pm. ro1 on The Public Works Act
The reference to road closures in the council’s Assessment of Environmental Effects of the Spectator Events and Education Zone occurs in section 2.3 Legal Description (page 11):
“It should also be noted that there is a right-of-way easement used by the Otago Regional Council parallel to and adjoining the Water of Leith. This easement is for the purposes of maintenance of and access to this water body. In addition to the above land, parts or all of the following streets are to be closed and rezoned to be within the Spectator Events and Education Zone. Awatea Street, Leander Street, Parry Street, Magnet Street. It is also relevant to note that the Council is presently considering a Notice of Requirement to alter the alignment of the Harbour arterial, so that it follows the railway line past the stadium and into Ravensbourne Road.”
The reference is to closure and rezoning… not road stopping, per se.
The AEE report was prepared by Beca Carter Hollings & Ferner Ltd (Beca). December 2007.
Currently, council’s (temporary) closure of the Leith Access Way has not been notified despite the physical fact of closure, which ignores District Plan requirements for access.