Daily Archives: September 2, 2013

SH88 realignment: decision to Environment Court?

Updated Post 3.9.13 at 1:30pm

SH88 realignment [ODT Graphic]### ODT Online Mon, 2 Sep 2013
Decision on SH88 looms
By Debbie Porteous
The Dunedin City Council has until Friday to determine whether it will make a decision on the controversial designation of land for the realignment of State Highway 88 near Dunedin’s Forsyth Barr Stadium – or hand the responsibility for the decision to the Environment Court.
To opt for the latter would be a first for the council, which is both the authority requesting the land be designated, and the authority that would require it to be designated. It publicly notified the requirement for the land last month, after a previous non-notified designation was quashed by the court following the council’s admission it had not followed the proper consultation process. The new road has been built, but final measures including traffic lights have been in limbo while the designation issue is resolved.

Mr Hall has already indicated publicly he would ”fight” the proposed designation as notified because it still did not provide safe access to his property.

Doug Hall 1One of the affected landowners, Doug Hall, who is running for the DCC, took the council to court to argue the original designation was illegal because he was not notified as an affected party, and sought an injunction stopping the traffic lights from being switched on until the resolution of safety issues at that intersection and around access to his property as a result of the realigned road. Affected parties, including Mr Hall, were consulted on the new designation late last year, and again earlier this year after the notification of the requirement was delayed while negotiations with Mr Hall continued.
The council had received 13 submissions by Friday, the end of the submission period. Submitters included the University of Otago, Port Otago Ltd, the NZ Transport Agency, the Otago Regional Council and several heavy transport companies among others, but not Mr Hall, or his representatives.
Read more

ODT Correction 3.9.13 (page 3):

Submissions from companies owned by Doug Hall, one of the parties affected by the realignment of State Highway 88 in Dunedin, were received by the Dunedin City Council within the statutory timeframe and will be included in the process for designating the land for realignment. The submissions from Anzide Properties Ltd, Hall Brothers Transport Ltd, and Dunedin Crane Hire (2005) Ltd were received by deadline on Friday, but were not processed until yesterday.

Related Posts and Comments:
3.8.13 SH88 notice of requirement [more maps]
30.4.13 DCC governance = management ?
20.11.12 DCC vs Anzide Properties decision: The road “has no legal basis”
27.5.12 SH88 realignment – information
25.5.12 SH88 realignment costs (injunction)
27.2.12 Bringing DCC, related entities and individuals to account…
23.8.11 Stadium project tangles
4.11.10 SH88 realignment for stadium disrupts traffic
21.7.10 SH88 realignment – update
7.7.10 Goodbye to great store buildings in Parry St
21.4.10 SH88 realignment – update
31.3.10 SH88 realignment
24.2.10 SH88 realignment: Are ratepayers buying the land twice?
20.11.09 Interesting. SH88 realignment.
2.9.09 SH88 realignment past stadium

Posted by Elizabeth Kerr

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