Tag Archives: Adverse effects

Commercial residential, 143-193 Moray Place : ODT bias, ignores arguments of opposing legal experts

THUS we gather that the owners/editorial team of the Otago Daily Times have deemed Anthony Tosswill’s proposal for a tall fat Moray Place apartment building (commercial residential) is worthy of being built. Ra Ra ODT.

If you (ODT) want to print half the story, presume away…. to Not be the independent courier of what is public information contrary to the arguments of the greying Mr Page, Counsel for Mr Tosswill’s NZ Horizons Hospitality Group Ltd (widely suspected as a vehicle for Asian finance, yet to bring even one of “12 hotels” on his South Island wish list out of the ground – funny that).

For your attention :
The legal submissions of Ms Semple, Counsel for Millennium and Copthorne Hotels New Zealand Ltd (owner of the 3 star Kingsgate), an affected party.

Ms Semple maintains that the application cannot be lawfully unbundled.

Legal Submissions on behalf of the Millennium and Copthorne Hotels
Casebook for the Millennium and Copthorne Hotels

The legal submissions of Mr Hardie, Counsel for Misbeary Holdings Ltd are not yet available online at the DCC website.

[click to enlarge]

LOLOL

At Facebook:

If the independent commissioners agree with Mr Page then it’s “See you in Court, Buster”.

Posted by Elizabeth Kerr

This post is offered in the public interest.

3 Comments

Filed under Architecture, Business, Construction, DCC, Democracy, Design, District Plan, Dunedin, Economics, Finance, Heritage, Housing, Infrastructure, Media, Name, People, Pet projects, Politics, Project management, Property, Proposed 2GP, Public interest, Resource management, Site, Tourism, Town planning, Transportation, Travesty, Urban design, What stadium

Cycleways and scattered nails

bike - fixed gear track racing [humancyclist.wordpress.com] 1

### radionz.co.nz 24 June 2016 at 9:23 pm
RNZ News
Cycleway truce called as review set up
By Michael Cropp
Wellington’s beleaguered cycleway programme will not be getting the shot in the arm some were hoping for – instead it will be reviewed, refreshed and recommissioned. The outcome of that process – a ‘refreshed cycleways programme’ – would go to the Wellington City Council’s transport committee in August, the council announced today. Meanwhile, Island Bay Residents’ Association had reached a truce with cycling advocates and councillors, and was planning to start on its own consultation. A New Zealand Transport Agency report this month on the council’s ability to implement its programme stated the fallout from the Island Bay project had jeopardised the council’s other cycleway initiatives, and had eroded the public’s faith in the council. It said the council had lost the confidence of officials and ministers. Today’s announcement was intended to provide a pathway to regaining that trust.
Read more

IDEAS !!!!

nails 1 [hdwires.in]

Earlier this year, nails were scattered on the cycleway and the local residents’ association threatened a rates revolt if it wasn’t dug up.

### radionz.co.nz 1 June 2016 at 6:44 pm
RNZ News
WCC told it let spokes fall off cycleway plan
By Michael Cropp
The way Wellington City Council conducted the rollout of a controversial cycleway in Island Bay has hurt its city-wide ambitions for the bike routes, an independent review has found. The report into the city’s cycleways, which was commissioned by New Zealand Transport Agency (NZTA), concluded people felt the path in the southern suburb was a poor solution that was delivered without proper community engagement and consultation. It recommended it be reviewed and modified after further community consultation.
Read more

Read the report commissioned by NZTA (PDF, 1.3MB)

Related RNZ stories:
Legal costs mount in battle over Southland cycleway
Modified Hutt Rd cycleway plans welcomed
Capital cycleway faces strong opposition

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Meanwhile at Dunedin…. plodding incompetence. A recent series of city council-led (earworms: Spokes Dunedin and NZTA) technical planning and cycleway construction FAILURES, at Exorbitant Expense forced on Ratepayers. All this while South Dunedin core infrastructure maintenance and upgrades received little if no DCC attention, ultimately leading to Council-fuelled multimillion-dollar flood damage. And now, the ODT Editor exhibits gut-wrenching Cheek to devoutly urge DCC to YES, Build Cycleways!

Fri, 24 Jun 2016
ODT Editorial: Learning from cycleway errors
OPINION After a long year of construction, mistakes, remedial work, wasted money and public dissatisfaction the South Dunedin Cycle Network has finally been shunted down the council’s cycleway queue. In an Otago Daily Times report this month council infrastructure networks general manager Ruth Stokes said she could not say when the South Dunedin network would be completed. The new focus, she said, was to employ the limited available resources on fixing the Portobello Rd cycleway and the central city network.

“Build them well, build them smart and build them efficiently.” (ODT)

SPOKES Dunedin speaks out for cycling in Dunedin, New Zealand and represents everyone who rides a bike or would like to ride a bike in the city. SPOKES is a local volunteer cycling advocacy group founded in 1996 as an affiliate of the New Zealand Cycling Advocates Network. SPOKES Dunedin is an incorporated society registered under the Incorporated Societies Act 1908.

bike dog jun co-passage [hbr.org]

We look forward to working with the Dunedin City Council to develop a real cycle network for Dunedin. (Spokes)

God Almighty! Read this:

█ SPOKES DUNEDIN SUBMISSION ON DRAFT 2016-2017 ANNUAL PLAN
Posted on April 6, 2016 by spokesdunedin

Summary
A change of scope is needed for Dunedin’s cycling network, but it is unclear what the DCC’s change in scope actually means, and higher standard cycleways are only part of the story. Spokes Dunedin has a vision for successfully realising the cycle network. We want everyone to be able to cycle from North Dunedin to South Dunedin, out both sides of the Harbour, and through the tunnels to Green Island and Mosgiel on a connected framework of city-spanning arterial routes that are safe, direct, and convenient to use. This will focus work where there is a clear need for improved safety rather than on streets that are already relatively safe, and will create a solid initial network that can grow and develop in response to future demand. The great thing is that there already exists some cycling infrastructure on many of the routes for this initial network. Several things can be achieved by the end of this year that will help Dunedin catch back up to where it should be.

To do in 2016
1. Support NZTA to begin construction of the SH1 separated lanes by the end of this year.
2. Fix Portobello Road – it’s already been two years. We don’t need fancy landscaping, we just need the median barrier realignment so the road looks like a road and the cycleway looks like a cycleway.
3. Complete the Wharf/Roberts intersection as agreed – it’s already been two years. This intersection presents an identified safety risk on a high demand route.
4. Continue the SH88 path through the rail corridor to the railway station, thereby providing an alternative to the cycle lanes on Anzac Ave (heavy freight route and high risk).
5. Create a separated cycle lane from the intersection of Andersons Bay/Strathallan, along The Oval, to Crawford Street in place of the existing cycle lane between two lanes of fast-moving traffic.
6. Develop plans for a separated cycle lane on North Road and safety improvements for the Opoho intersection to tie in with NZTA’s forthcoming separated cycle lanes on SH1. This route is of very high strategic priority.

Introduction
Dunedin is a pro-cycling city, where a significant proportion of the population regularly cycles for recreation, transportation, or both. Year after year, cycling is one of the most strongly supported and heavily submitted-on topics in the annual plan. One of the biggest public consultation events in Dunedin history was held in 2013 regarding the proposed SH1 separated cycle lanes. In addition to widespread media coverage, NZTA and DCC staff solicited input from the public at information booths in busy locations including the Golden Center, Toitu, and the University. With over 2000 written submissions and roughly 800 survey responses, the SH1 separated cycle lanes received one of the highest response rates of any topic ever consulted on. The result was overwhelming support for the proposed separated cycle lanes. Independently, the AA undertook a survey of their local membership, with over 70% of the nearly 1500 respondents supporting the proposed separated lanes. The overwhelming public demand and support for better cycling in Dunedin cannot be denied.
In response to this demand, the City rightly undertook to develop a Strategic Cycle Network. But the South Dunedin portion of the cycle network has not delivered on the ambitions of the cycle network plan adopted in 2011. Nothing has progressed in the last year, leaving half-finished elements scattered around, with other things ripped out without consultation.
Some might argue that we should throw up our hands in despair, abandoning the possibility of future success under the fear of past failures. But others know that setbacks are par for the course when charting new waters and trying new things. Where would we be if the likes of Cook, Columbus, or Magellan had turned around after the first storm and torn sail? Those leaders stayed the course, their sailors gained experience, and they ultimately changed the world.
Read more

“SPOKES, CYCLE-SAIL OFF THE EDGE OF THE WORLD WHY NOT”
Sail wagon [en.wikipedia.org] 1

█ For more, enter the terms *cycle* and *christmas present* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

*Images: (from top) humancyclist.wordpress.com – fixed track racing | hdwires.in – nails | hbr.org – bike dog jun co-passage | en.wikipedia.org – sail wagon

19 Comments

Filed under Business, Cycle network, DCC, Democracy, Design, District Plan, Dunedin, Economics, Education, Finance, Geography, Health, Housing, Infrastructure, Media, Name, New Zealand, NZTA, OAG, Ombudsman, People, Pet projects, Politics, Project management, Proposed 2GP, Public interest, Resource management, South Dunedin, Sport, Tourism, Town planning, Transportation, University of Otago, Urban design, What stadium

Bloody DCC —superlative cost blowout #cycleways #SUCKS

#GreaterDunedinNOTsustainable
#DaveCullNOTsustainable
#KateWilsonNOTsustainable
#JintyMacTavishNOTsustainable
#CouncilStaffManagersNOTsustainable

Cycling [screenshot at YT].jpgNo photograph of Kate in lycra could be found. The Mayor and MacTavish were both camel shackled when our photographer called (say no more).

### ODT Online Thu, 22 Oct 2015
Dunedin cycleway cost blowout
By Craig Borley
Building Dunedin’s cycleways could cost “three to four times” more per metre than first thought. That news was delivered to the Dunedin City Council’s infrastructure services committee this morning by the council’s infrastructure and networks general manager Ruth Stokes

The committee voted to continue with the rollout of the network, ensuring the design and finish were of the more expensive, higher quality option.

Read more

█ Council Reports available at What if? via (12.10.15)https://dunedinstadium.wordpress.com/2015/08/22/dcc-cycleways-now-tied-to-more-urban-design-spend-after-rehash-numero/#comment-66330

Sandy Graham advises there is one amended page (item 6 ph 6.8) – a map was altered for clarity. The website copy will be updated with the amended page.

Posted by Elizabeth Kerr

*Image: [screenshot] youtube.com – Cycling Training Program – Crashing on a bike

57 Comments

Filed under Business, Construction, Cycle network, DCC, Democracy, Design, Economics, Geography, Media, Name, New Zealand, NZTA, OAG, Ombudsman, People, Politics, Project management, Property, Site, Sport, Tourism, Town planning, Transportation, Urban design, What stadium

Cr Kate ‘Cycleways’ Wilson —(disingenuous) fails constituents

█ Cr Kate Wilson says cycleways will bring myriad benefits to Dunedin.

ODT Online Sat, 25 Jul 2015
Why Dunedin is investing in cycling
By Craig Borley
Dunedin appears divided over the cycle network. Some see it as unnecessary. Others see it as vital. ODT reporter Craig Borley spoke to Dunedin city councillor Kate Wilson, chairwoman of the infrastructure services committee, about why the city is investing in cycle infrastructure.
Read more

█ The Dunedin City Council is sleep-walking to yet another poorly thought out cycleway project. (ODT)

### ODT Online Thu, 20 Aug 2015
Time to put brakes on cycleway
By Hilary Calvert
OPINION Somehow, the Dunedin City Council has been so beguiled by the gift-horse that is the New Zealand Transport Agency (NZTA) that it seems to have completely forgotten to carry out its proper role of looking after the interests of the citizens of Dunedin in respect of the State Highway 1 cycleway plans.
Read more

ODT 26.8.15 (page 8)
– shot in a half-lit Dunedin café off the beaten cycle paths

ODT 26.8.15 Letter to editor Wilson Diehl Hopkins p12

█ Proposed: Separated cycle lanes to run along north and south one way routes, between Botanic Garden and Queens Gardens.

### ODT Online Thu, 10 Sep 2015
Dedicated cycle lanes get closer
By Craig Borley
Nationally-funded separated cycle lanes along Dunedin’s one way system are now two steps closer as the project moves swiftly through the New Zealand Transport Agency machine.
Read more

NZTA said it had resolved to:
• Incorporate high turnover short term parking for businesses, particularly those reliant on short stay kerbside parking and deliveries
• Incorporate medium term parking close to the hospital and museum.
Updated plans were now being prepared to show where the parking would be included. The plans will be available for public comment at the end of the month.

ODT 11.9.15 (page 16)

ODT 11.9.15 Letters to editor Hopkins Pillans Oaten (1) p16

Related Posts and Comments:
● 3.9.15 Dunedin support for extensive cycle lanes and Free bicycles
● 22.8.15 DCC cycleway$ now tied to more ‘urban de$ign’ $pend….
● 18.7.15 DCC Cycleways: SEEING RED, apology NOT accepted
● 10.4.15 DCC cycleways propaganda continues #SpendSpendSpend
20.3.15 DCC Shame: First, John Wilson Dr … now Portobello Rd cycleway
11.2.15 Dunedin Cycleways: Pet project staff, ‘entitlement’? #irony
3.12.14 Cycling at Dunedin —boring debate, network spending continues #DUD
22.5.14 DCC Transportation Planning —ANOTHER consultation disaster
6.5.14 Roading network screwed by council staff
● 14.2.14 DCC: Broadband AND bicycles #fraudband speed
14.1.14 DCC: Hospital area parking changes #cyclelanes
5.1.14 Norman Foster: SkyCycling utopia above London railways #ThinkBig
24.12.13 Daaave’s $47 million Christmas present to Jinty. We’re paying.
4.12.13 Dunedin cycleways: Calvin Oaten greeted by DCC silence
17.11.13 Dunedin cycleways: Calvin Oaten’s alternative route
17.11.13 Cull and MacTavish… “Have you fixed the debt crisis?”
14.11.13 Cycle lane explosions and puncture kits (SPOKES grenades launch)
8.11.13 Dunedin Separated Cycle Lane Proposal [how to make a submission]
29.10.13 DCC (EDU) invents new job! [GigatownDunedin]
19.10.13 Cycle lobby games and media tilts
24.9.13 Mediocrity and lack of critical awareness at DCC [council reports]
8.7.13 Bloody $tupid cycleways and Cull’s electioneering… [route maps]
28.3.13 DCC DAP 2013/14: Portobello Harington Point Road Improvements
26.2.13 DCC binge spending alert: Proposed South Dunedin cycle network
22.2.13 DCC: Council meeting agenda and reports for 25 February 2013
31.1.13 Who? 2010 electioneering
21.11.12 Safe cycling -Cr Fliss Butcher
5.11.12 DCC, NZTA: Cycle lanes controversy

Posted by Elizabeth Kerr

15 Comments

Filed under Business, Construction, Cycle network, DCC, Democracy, Design, Economics, Enterprise Dunedin, Geography, Hot air, Media, Name, New Zealand, NZTA, People, Politics, Project management, Property, Site, Sport, Tourism, Town planning, Transportation, University of Otago, Urban design, What stadium

Hotel: Rosemary McQueen on consent decision LUC 2012-212 (41 Wharf St)

41 Wharf Street, Dunedin 1 (DCC WebMap)41 Wharf Street, Dunedin (DCC WebMap)

Copy supplied.
Also published at Otago Daily Times (page 17).

### ODT Online Wed, 26 Feb 2014
Opinion
Hotel decision was legal, not political
By Rosemary McQueen
Two related misapprehensions run through nearly all the comment on the application to build a 27-storey residential building in the industrial zone.

The first is that the reason the development was rejected was that a minority of noisy nay-sayers objected to the proposal. Yet, had 500 supporters put in submissions and only 4 or 5 naysayers, the decision would have been the same. The decision was not made on the basis of counting heads (though no doubt the planners were gratified that the District Plan’s provisions were so whole-heartedly supported by the populace) but on the basis of law. The developers want to build their accommodation block in an industrial area. Residential activity is specifically excluded from this area and only allowed at the discretion of the court hearing the application. Discretionary treatment can only be accorded if the effects of the variation to what is allowed are minor and the general intention accords with the aims and objectives of the district plan. The applicants’ arguments to this effect were rejected at law – not by counting heads. Until that decision is found to be wrong, or those aspects of the proposal change, it can not proceed.

There is also a view that the the city council could and should have found a way of overturning – or at least of getting round – the planning committee’s decision. This is a misapprehension because the decision is a legal one that can only be overturned by a higher court and the council is not a court. The negotiations that have been taking place have been around trying to find a site and design that complies with the city’s district plan and the developers’ needs. By describing the setback to the development as “red tape” the ODT implied that the development’s lack of progress since being rejected by the planning committee is caused by overweening bureaucracy. But Ms Song has made clear that the site and design are not negotiable. How can the lack of progress be the fault of red tape when the impediment is so clearly the developers’ intransigence, despite having had their application for that site and design turned down because it doesn’t meet the law?

By insisting the proposal is non-negotiable during their discussion with the city, the developers appear to believe that overturning the planning decision is on the discussion’s agenda and within the council’s power. Instead of dismissing any such suggestion, the ODT and the Chamber of Commerce have encouraged them in the view that the council can change or flout the law in order to allow the development to go ahead. Fostering these misapprehensions has led to unnecessary division in the city. It’s time to stop accusing bureaucrats and antis of holding up progress and start explaining why changes to our built environment are not effected by political whim, but are, and need to be, conducted by rule of law that has undergone full democratic process.

ODT Link

Related Posts and Comments:
14.2.14 Hotel: The height of arrogance
25.6.13 Hotel/Apartment Tower decision to be appealed

For more, enter *hotel* in the search box at right.

Posted by Elizabeth Kerr

18 Comments

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Hotel/Apartment Tower decision to be appealed

Updated 2.7.13

Tweet:

peter mcintyre @macthebroker
Hotel decision to be appealed | Otago Daily Times Online News : Zealand & International News shar.es/x85Pq via @ShareThis

5:11pm · 25 Jun 13 · Tweet Button

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### RNZ News Updated 24 minutes ago
Dunedin hotel plan heading to court
The developer planning a 27-storey waterfront hotel in Dunedin is taking its case to court. A Dunedin City Council panel declined resource consents for the $100 million project three weeks ago, saying it failed a key legal test and the glass tower would be too high for its industrial-zoned site. The five-star hotel and apartment complex has been hotly debated since being announced a year ago. On Tuesday afternoon, the company behind the project Betterways Advisory Limited, announced it will be appealing to the Environment Court against the council’s decision. The appeal will mean the court will attempt to broker a compromise between the developer, the council and any of the public submitters who want to get involved.
However, it seems likely that the court will have to hold its own full hearing into the project, probably early in 2014.
RNZ Link

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We really love Jing Song, Steve Rodgers, and their gift that keeps on giving. FO.
A source reveals Betterways’ appeal cites Consultancy House as a precedent. Interesting, the owners of Consultancy House strongly objected to the application in their submissions.

Related Posts and Comments:
18.6.13 Hotel: COC’s greasy spoon race. Ugh!
5.6.13 Hotel decision . . . (the vacuum)

Posted by Elizabeth Kerr

[screenshot]ODT 25.6.13 Hotel decision to be appealed [screenshot]

53 Comments

Filed under Business, Construction, DCC, Design, Economics, Heritage, Hotel, Media, Name, People, Politics, Project management, Property, Site, Tourism, Town planning, University of Otago, Urban design, What stadium

Hotel: COC’s greasy spoon race. Ugh!

### ODT Online Tue, 18 Jun 2013
Hotel supporters still in discussions
By Chris Morris
Alternatives to a $100 million waterfront hotel in Dunedin are still being discussed as the clock ticks towards a decision deadline. However, exactly what the hotel developers’ next move will be remains a closely guarded secret after they were refused resource consent earlier this month.

Betterways Advisory Ltd has until June 26 to decide whether to appeal the decision of the Dunedin City Council’s hearings committee to decline consent for the hotel at 41 Wharf St.

Betterways director Steve Rodgers – the man fronting the hotel bid – did not want to comment on any aspect of the hotel bid yesterday, saying only the full time allowed to decide any appeal would be needed. However, the Otago Daily Times understands several property owners have come forward with alternative sites capable of accommodating a hotel, and that parties were busy behind the scenes. That included the Otago Chamber of Commerce, which had indicated earlier this month it was talking to Betterways to try and rescue the situation.
Read more

*[Otago] Chamber of Commerce, affectionately known as “COC”.

Related Post and Comments:
5.6.13 Hotel decision . . . (the vacuum)

For more, enter *hotel* in the search box at right.

Posted By Elizabeth Kerr

1 Comment

Filed under Architecture, Business, Construction, DCC, Design, Economics, Geography, Heritage, Hot air, Hotel, Media, Name, People, Politics, Project management, Property, Site, Tourism, Town planning, Urban design, What stadium