Tag Archives: Road stopping

Road stopping: Is it an RMA process?

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.
Read more

Related posts

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

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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.

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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.

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Temporary road closures or road stopping?

Dunedin City Council Notices appearing in ODT 23/5/09 (page 4):

ODT 23-5-09 DCC Notices p4 (Best 1)

I’ve written to Dunedin City Council Chief Executive Jim Harland seeking public clarification on the difference between “temporary road closure” and (permanent) “road stopping” of the streets named in the Notices, in regards to established council policy and relevant legislation (see Local Government Act and Public Works Act).

My letter (rightly or wrongly, in the spirit of Council’s Road Stopping Policy) requests that any proposed road closure in the stadium area, including for the purposes of facilitating construction work and or providing alternative access to the Boat Harbour Recreation Reserve and State Highway 88, be notified for full public consultation should the real effect of any “temporary road closure” be the permanent stopping of any road.

Dunedin City Council Road Stopping Policy

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Roading changes, but what of public consultation?

Thanks Channel 9 and ODT. This story has been slow to emerge, not helped by a response lacking detail from one councillor visiting What if?
ODT provides a graphic showing realignment of the proposed roading.
Full public consultation on the changes looks to have suffered a detour and avoidance – why are we not surprised?

### ODT Online Sat, 23 May 2009
Redrawing the map for stadium
By Chris Morris

With Awatea St already closed for stadium construction purposes, Dunedin City Council staff yesterday confirmed nearby Leander St, running almost parallel, would be the next to close, in about two weeks. That would be followed by the closure of parts of Parry and Magnet Sts leading to the nearby railway and level crossing, expected at the beginning of July.
Read more

See post and comments at Adopting a moderate tone

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D Scene, hello – construction stopped or starting?

We read the story. Can’t answer the question.
D Scene, straighten it out please.

### D Scene 20-5-09 (page 12)
Otago Stadium: City council in no rush to have appeal heard
Demo despite wrangles
By Michelle Sutton

Asbestos is being ripped out of buildings on the Otago stadium site, while ongoing High Court wrangles threaten to stop work.
[Guess who…yep, Hall Bros]

In brief:
* Hawkins Construction to start work on piles this Friday
* StS trying to speed up High Court Appeal; DCC in no rush
* StS has lodged urgent request for appeal to be heard
* No news of costs after High Court decision
* Basil Walker has asked for withdrawal of Jim Harland’s affidavit
* ORC “can’t begin to understand” half of Walker’s questions
* ORC’s first payment towards stadium due 1 August – loan not yet secured

{see full story}

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

### D Scene 20-5-09 (page 12)
Soper turns consultant

Former Carisbrook Stadium Trust chief executive Ewan Soper is working out of the office, charging an hourly consultant rate…on a “casual basis”.
{continues}

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Adopting a moderate tone

…TO ASK A FEW QUESTIONS, or we’ll send the terriers in.

Dear Dunedin City councillors, anyone?

Regarding the Awatea (St) site, how are the consents going for the proposed building(s)? And what of the road stopping?

From reading council’s website we note the public consultation process required to close a public road – any time soon for this? Or is a Public Works Act seize-and-desist (sic) regime to hit us?

Road Stopping Policy (PDF, 17.5 kb, new window)

Under Legal Requirements the policy says:

“The law recognises that the need to retain road reserve can change and the Local Government Act allows Territorial Authorities to both create new roads and stop all or part of existing roads. The processes laid down in the Act are public processes and include provision for public notification of intentions and input to the result. If objections are received with respect to a stopping proposal the power to make a final decision is removed from the Council and passed to the Environment Court. This reflects the strong protection of the public’s rights.

“There is also provision in the Public Works Act to allow roads to be stopped in conjunction with creation of new roads. This is a non public process and is used where roads are being realigned and the like. It is also used when it is found formed roads are not within the legal road reserve and allows a new road reserve to be created in the correct position in exchange for the old reserve.”

We await formal explanation of the processes and timeline required for the stopping of a road(s) at the Awatea site.

Now then, let’s go directly to the realigning of State Highway 88 to skirt the proposed stadium, as feeds into the proposed harbour arterial (aka Dunedin’s strategic corridor) – we’re talking about the section of new road to run between Frederick St and Ravensbourne Rd.

Where is the funding and construction timeline now at for this?
Is the massively overblown and expensive gyratory still in the plans?

This whole roading project may have to be fully funded by DCC if not of a suitable priority status with the Otago Regional Transport Committee.

We have to ask.
Lots of little process questions coming at us. We’ll drip feed these in the week ahead.

Don’t use the CST PR-diversion method to stall your answers, we don’t need to know the stadium’s opening act is Kenny Rogers ‘fresh’ from Star of the Desert Arena.

Sincerely

The What if? Team

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