Tag Archives: Plan Change 7: Harbourside

41 Wharf Street —DCC ends debacle

Fear not! More costly settlement is due.
There’s the perplexing State Highway 88 Realignment Project for Council to conclude with affected parties damaged by foul-play planning activity, and the new round of ‘proper’ designation! This will make Mr Barnett’s cheque seem like a 4% discount fuel voucher ripped from a mile-long supermarket receipt for your best ever, most hair-raising Christmas shop!

### ODT Online Tue, 27 Aug 2013
Apology, payout to developer
By Debbie Porteous
Dunedin developer Tim Barnett has received a public apology and a $200,000 payout following a lengthy battle to recover his costs after the Dunedin City Council restricted his ability to develop his harbourside property. The property, at 41 Wharf St, has since been sold to developers who are hoping to build a 27-storey hotel on it.

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

DCC chief executive Paul Orders yesterday apologised to Mr Barnett, of Arthur Barnett Properties, for the inconvenience caused by the council’s decision-making since 2008. The formal apology, issued by Mr Orders yesterday, read:

”Council apologises for the inconvenience, and also thanks Mr Barnett for working with council in good faith as the parties explored options over some years. Mr Barnett has a long history of commitment to the city of Dunedin. Council trusts that the good working relationship that has developed between Mr Barnett and the council over the years will continue.”

The $200,000 covers Mr Barnett’s out-of-pocket costs (just under $118,000), the interest on his costs ($41,000) and a contribution to his legal fees during his lengthy attempt to first remove the restrictions on developing the site and then recover from the council the cost of those restrictions.
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For more on 41 Wharf Street, enter *hotel* in the search box at right.

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Harbourside: more negotiation to come

### ODT Online Sat, 17 Apr 2010
Plan for harbour resolved
By David Loughrey
The Dunedin City Council appears to have staved off what could have been a bitter Environment Court battle with the city’s business community, after a joint announcement yesterday that an agreement on the harbourside development had been signed. For its part, the council has agreed to dump much of stage two from its harbourside plan, meaning a reduction to its “50-year vision” for the area. Businesses have agreed to accept stage one, subject to further negotiation.

THE AGREEMENT
• DCC has signed an agreement with Otago Chamber of Commerce and businesses affected by harbourside development to avert Environment Court battle.
• Council has agreed to drop stage two of the development, reducing its size.
• Chamber and businesses have agreed to stage one, subject to continued negotiation.
• Parties will now negotiate, before taking resolved issues to Environment Court for approval.
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DCC media release – Harbourside Stage Two

[Otago Chamber of Commerce Media Release below]

Dunedin City Council
Media Release

DCC To Withdraw Part Of Stage Two Harbourside Development

Dunedin (16 April 2010) – The Dunedin City Council has resolved to withdraw part of its planned Harbourside development partly in response to concerns raised by appellants concerned about effects on local businesses.

Cr Colin Weatherall, authorised to represent the Council in negotiations with the Otago Chamber of Commerce and five affected businesses, says the Council will withdraw part of its proposed Stage Two of the development.

It will continue to mediate with those affected to confirm objectives, policies and rules for the rest of the Harbourside zoning.

Along with all of Stage One, the Council is planning to retain from the original Stage Two parts to the south of Stage one and the designations of the Fairley Street Walkway, and the Heritage Buildings identified in the plan.

Parties to the agreement to withdraw part of stage 2 are local businesses Crawford Glass Dunedin Ltd, Kaan’s Catering Ltd, Bradken Resources Pty Ltd, and Farra Engineering Ltd, along with the Chamber.

The Council’s vision for a revitalised inner Harbourside basin, with a mix of activity, people, places and industry, depends on changing zoning in the area. A change of zoning to Harbourside was approved in February last year, but has looked likely to end in the Environment Court due to concerns about the effects on businesses.

Cr Weatherall says all parties hope that by removing the most controversial parts of the proposal, mediation can continue with goodwill on all sides, hopefully without need to have lengthy appearances before the Environment Court.

He says the parts of the zoning north of Willis Street, which will be abandoned, were unlikely to take place for several decades anyway and, given the changes to Dunedin and the world economy in just the past couple of years, it seems sensible to come back to the inner harbour as the principle focus .

“This allows us to keep the visionary view of what the area can become, but retain the viability of local businesses” says Cr Weatherall.

Public notice of withdrawal of part of Plan Change 7: Dunedin harbourside to the Dunedin City District Plan
Clause 8D of Schedule 1 of the Resource Management Act 1991

The Dunedin City Council gives notice of its withdrawal of the area marked ‘A’ on the map below which was rezoned as Harbourside by way of Plan Change 7: Dunedin harbourside. The area marked ‘A’ on the map below will revert back to Industrial 1 Zone or Port 2 Zone as it was prior to notification of Plan Change 7 on 26 January 2008.

There will be consequential changes to some District Plan provisions to remove reference to the area that is now being withdrawn. A full copy of the updated provisions for Plan Change 7: Dunedin harbourside are available from the City of Dunedin website www.dunedin.govt.nz/harbourside.

The reasons for the Dunedin City Council’s decision to withdrawal part of the Harbourside Zone are:
a) this is a compromise with appellants to resolve the appeals.
b) it allows the objectives of the plan change to be met while protecting industrial activities in the area.

Otago Chamber of Commerce
Media Release

Council Votes to Save Jobs

The signing of this agreement and the resolutions passed by Council on the 29 March 2010, are a clear indication that the Council has listened to the Chamber’s representations and has reassessed its “vision” for the Harbourside development.

The Chamber, on behalf of its members, and in the best interests of the city, has opposed part of the Harbourside development plans as proposed in the conviction that, had it proceeded as planned, existing jobs would be lost along with any future job prospects. The Chamber, together with the other appellants Farra Engineering, Bradken Resources, Kaan’s Catering and Crawford Glass Dunedin, have worked hard with Council representative Cr Colin Weatherall to reach a position that will satisfy many of those concerns.

On behalf of the Chamber and the appellants, and all the industries within the Harbourside, I wish to take the opportunity to thank all those many people who assisted in the outcome. Particular thanks are due to Cr. Weatherall who, on behalf of the Council, has worked tirelessly with us to fully understand our view of the impacts of the proposal on industry and jobs and, having understood, represented those issues to Council with total integrity to achieve this positive outcome.

The Chamber has worked successfully with Council on a number of initiatives over the last twelve months. The Harbourside Plan Change is one of the few issues that have taken longer to successfully resolve.

I take this opportunity to place on record the Chamber’s pride in its working relationship with the Council. On behalf of its members we remain committed to offering the large pool of expertise represented among our members and to working with the Council on issues that will improve the economy of Dunedin and the lifestyles of its residents.

For more information, contact John Christie, Chief Executive on
Phone 03 479 0181 or 0274 915 916

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DCC media release – Harbourside

Dunedin City Council
Media release

Harbourside Progress

Dunedin (Thursday 1 April 2010) – The Council has been advised by the Chair of its Hearings Committee, Cr Colin Weatherall, as its negotiator, that a broad understanding, as a basis for resolving outstanding differences with the appellants to the Harbourside Plan Change 7 proposal, exists final details of which are still being negotiated.

Cr Weatherall has been engaged in discussions with all parties on a ‘confidential without prejudice’ basis in accordance with best practice while, for its part, the Council has maintained a position of not commenting while the appeals process is in train, relying instead on Cr Weatherall’s delegated authority.

At its meeting this Monday 29 March 2010 Cr Weatherall was authorised by the Council to continue to progress the Harbourside negotiations with all the appellants under a confidential protocol until such time as there is a consent order, agreed to by all parties, in place before the Environment Court for its approval.

The purpose of these negotiations is to minimise the matters brought before the Court for its consideration.

The chair of the Council’s Hearings Committee has delegated authority to authorise the negotiation and resolution of appeals under the Resource Management Act.

Given that this process is both on-going and sensitive it is inappropriate for anyone other than the Chair of the Council’s Hearings Committee to make any public comment on how the process is proceeding until such negotiations are completed.

A chronological background, outlining the time-line for realising the Harbourside vision and the resulting Plan Change, follows.

BACKGROUND

The following outlines the time line in developing the harbourside vision and the resulting plan change:

2001:
Consultation on options for Dunedin’s future through “Choices for the Future” in 2001, the community expressed a desire for improved harbour access for both people and vehicles to get to the water, and to enhance harbour amenity.

June 2002:
The Planning and Environment Committee approved a variation to the then Proposed District Plan to provide for the harbourside area.

July 2005:
Draft long term vision for Dunedin’s harbourside launched for public consultation. The vision was refined, options considered and a plan change initiated to facilitate development.

October 2006:
A revised vision and a draft consultation document summarising the principles to be embodied in the plan change were agreed for informal consultation.

October 2007:
The Council resolved to publicly notify Proposed Plan Change 7 and the Notices of Requirement, along with a private plan change to the Regional Plan: Coast.

January 2008:
Proposed District Plan Change 7: Dunedin harbourside was notified alongside six Notices of Requirement to designate land for public squares, walkways and a road alignment included in the Harbourside vision. A decision was subsequently taken, prior to the hearings and in light of concerns raised by submitters, to withdraw three of the designations (No’s 2-4) and to limit the extent of the designation relating to 41 Wharf Street.

The objectives of Plan Change 7 include a Dunedin harbourside that:
• is easily accessible with strong visual and safe physical connections to the city centre, harbour and surrounding areas.
• is a vibrant and attractive place to visit, work and live, with public open spaces along the harbour edge creating a high quality waterfront environment.
• supports a range of compatible land uses that enable the continued operation of Dunedin Port and complement, but do not compete with the vibrancy and vitality of the city centre.
• built form of development creates a liveable environment that reflects and enhances the industrial, maritime and port heritage.

July 2008:
The hearings on Proposed Plan Change 7: Dunedin harbourside and three Notices of Requirement (Fairley Street walkway – northern and southern sections, and 41 Wharf Street roading improvement) were held.

January 2009:
Decisions were released by the Commissioners confirming Plan Change 7 (both Stage 1 and 2) and the designation of the Fairley Street walkway, with modifications. A decision on 41 Wharf Street is yet to be made.

April 2009:
Eight appeals were received on Plan Change 7, two appeals on the Fairley Street walkway – southern section and one appeal on the Fairley Street walkway – northern section. There are also a number of section 274 parties to the proceedings.

PLEASE NOTE: Any further comment on this media statement will be available from the Mayor, Peter Chin, only.



DCC Website Link

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DScene choses to profile one building owner, why? Squeaky wheel gets the oil, why?

This week’s headlines hint at a positive “discussion”… but obviously, no changes to the Dunedin City District Plan can be about one building owner. In the meantime, are the ‘co-owners’ of the McIndoe buildings following established best practice in recognising the historic heritage values for their buildings? Are they proposing appropriate uses? Will they draw business away from the city centre? Are they flouting the zoning rules? Who is measuring this? Why should they pay less than others in consent fees? Why is their company a prospect for rates relief? And why is the Council trying to get some runs on the board for “Heritage” before the local body elections? We’re not told.

### DScene 31-3-10
Harbourside and heritage (front page)
It seems time is going to be called on Dunedin’s large scale retail zone – a part of town advocates believe would be the perfect location for the revamp proposed in Dunedin City Council’s controversial Harbourside redevelopment proposal. See p3. #bookmark

Register to read DScene online at http://fairfaxmedia.newspaperdirect.com/

Editorial: Time for candidates to speak up (page 2)
It’s put up or shut up time. DScene – and quite a few others besides – have been wondering how many of the current crop of city councillors will be standing again in October, and who will challenge the incumbents.
{continues} #bookmark

Council may drop plan (page 3)
By Wilma McCorkindale
Dunedin City Council seems likely to drop its large-scale retail zone – an initiative which has struggled to revive the area of the city between the wharves and the central city. Advocates are now hoping council can be persuaded to move its controversial proposed rezoning of the harbourside back a few blocks, to redevelop the large-scale retail zone. […] New Zealand Historic Places Trust Otago Southland area manager Owen Graham emphasised the importance of heritage to Dunedin. It had the potential to contribute just as much economically to the city as the building of new developments.
{continues} #bookmark

Building owner’s protest may pay off (page 3)
By Wilma McCorkindale
Last week’s protest by heritage building co-owner Lawrie Forbes may have paid off. Forbes featured in last week’s issue of DScene protesting the restrictions of the large scale retail block where the McIndoe buildings are located – and a potential $37,000 bill for consents and related costs. Forbes was confident after an eleventh hour meeting with Dunedin City Council planners late last week he would obtain a resource consent for existing use, to allow the urban renewal of one of the former John McIndoe buildings on Crawford St.
{continues} #bookmark

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Council meeting @Middlemarch – pity about the closed doors

### Channel 9 Online ch9.co.nz March 29, 2010 – 7:23pm
Dunedin City Council meets in Middlemarch
The Dunedin City Council met today for a full Council meeting in Middlemarch, after an invitation to do so was extended by the Strath Taieri Community Board. The Council were treated to some good old fashioned country hospitality, before getting down to business, which was mainly held behind closed doors.
Video

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### ODT Online Mon, 29 Mar 2010
Carisbrook and harbour discussions not public

By David Loughrey
The future of Carisbrook and its surrounding properties are due to come before the Dunedin City Council today, but whether the public will be any the wiser after the meeting remains something of a mystery, due to privacy provisions. The agenda for the council’s meeting, to be held in Middlemarch, includes four items about which there is bound to strong public interest, but all are up for consideration during the non-public part of the meeting.
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Agenda – Council – 29/03/2010 (PDF, 142.5 kb, new window)

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Withdraw proposed Harbourside plan change in its entirety!

On the basis of all information now to hand, there is no basis whatsoever for the proposed harbourside plan change. Not for stage 1, not for stage 2. Not for any of it. Certainly, not while there is no at grade crossing in Rattray-Fryatt St for direct vehicle, cycle and pedestrian access to the Steamer Basin from the CBD.

The ODT editorial writer can descend into waffle as much as he likes (he started well) – the whole plan change must be withdrawn. Throw it back at Jim Harland and Chalmers Properties Ltd. May it knock them out. ABANDON PLAY.

There is no point in a compromise.
There is no point in the Environment Court process being pursued.

Lunacy is very hard to give up.

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### ODT Online Sat, 27 Mar 2010
Editorial: Harbourside jobs
The clamour against the Dunedin City Council harbourside district plan changes is louder than a foundry hammer. Businesses in the area are alarmed and upset and are being backed in an extraordinarily strong show of support by the Otago Chamber of Commerce and other firms around the city. The businesses fear that changes to a mixed “harbourside” zone will kill them off, whether it be quickly or – as one manager said – by a thousand cuts. Gone will be the security of industrial zoning rights to underpin current operations and possible expansion.
Read more

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