DECISION OF COMMISSIONERS APPOINTED BY
DUNEDIN CITY COUNCIL (4 JUNE 2013)
Having carefully considered all the relevant reports and documentation supplied with the application, submissions, and the evidence presented to us during the course of the hearing, we have resolved to refuse the application from Betterways Advisory Limited to construct and operate a licensed hotel with residential apartments at 41 Wharf Street, Dunedin.
Since the proposal is a non-complying activity we were required to consider the particular restrictions imposed by s.104D in the Resource Management Act 1991. This requires the proposal to pass at least one of two tests. Having considered these, we were not satisfied that the adverse effects on the environment would be minor (s.104D(1)(a)), and nor were we satisfied that the activities associated with the application would not be contrary to the objectives and policies of the Dunedin City District Plan (s.104D(1)(b)). Having made these determinations, in terms of s.104D, we were unable to grant consent.
Throughout Chapter 6 of this decision we considered the environmental effects that were brought to our attention and have drawn our own conclusions as to how each of these issues impacted on this decision. Having done so, we have also undertaken an overall evaluation of the adverse impacts of the proposal in light of the expected positive effects.
Having examined the proposal with reference to Part 2 and Section 104 of the Resource Management Act 1991, we have also concluded that the proposal is not consistent with the overriding sustainability purpose of the Act as expressed in s.5(1).
The Hearings Committee of Ministry for the Environment-approved independent Commissioners was comprised of Crs Colin Weatherall (Chair), Andrew Noone and Kate Wilson, and John Lumsden of Christchurch.
Full decision (PDF 1.5 MB, 333 pages)
Ch39 at 6:54pm 05/06/2013 [with video]
ODT Online 05/06/2013 [with video]
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Posted by Elizabeth Kerr