DIS-2013-1 Frederick Street - Ravensbourne Road

The requirement is for:

The Notice of Requirement seeks to designate two areas of land. Designation 1 is for part of the Dunedin Harbourside Arterial and will link Anzac Avenue (D465) with Ravensbourne Road (D845) to the south of Parry Street West. Designation 2 is for the Dunedin Harbourside Arterial – Access Road which will provide access from the Designation 1 area to the site at 80 Anzac Avenue.

The sites to which the requirement applies are as follows:

Designation 1 is for three areas. Firstly an approximately 120-130m section of the existing Harbour Arterial starting at the intersection of Anzac Avenue and Frederick Street, and running east along Ravensbourne Road with an approximate area of 3726m² described as Sections 1-5, and 7 SO 431840 and part Sections 1-5 SO 446754 contained within Computer Interest Register 535754. Secondly an area of approximately 1025m² associated with the construction of the roundabout at Ravensbourne Road at the north-eastern end of the arterial and described as part Lot 2 DP 418365 contained within Computer Freehold Register 470472. These areas were formerly included in Designation D846 in October 2011 but were quashed by the High Court. Designation 1 also includes an area of approximately 1310m² described as part Section 13 SO 446754 contained within Computer Interest Register 535754 being land on which the storm water infrastructure for the Dunedin Harbourside Arterial is located.

Designation 2 is for an access road from the Designation 1 area to the site at 80 Anzac Avenue. It is for an area of approximately 1165m² described as part Sections 20-24 SO 431840 contained within Computer Interest Register 535754.

Process History

The submission period for this application closed at 5pm on Friday 30th August 2013, and 15 submissions were received. The individual submissions are available for viewing below.

On 5 September 2013, Dunedin City Council Chief Executive Paul Order’s decided that the decision on this application should be made by the Environment Court instead of the DCC. The reasons for directly referring this application are:

The designation has been publicly notified and there are submissions in opposition.
The procedures under the Resource Management Act now enable applications for designation to be considered directly by the Environment Court rather than having to go through a Council hearing and then an appeal to the Environment Court.
This application has a long history of litigation and it seems inevitable that an Environment Court hearing will be necessary.
For all parties involved it is more efficient and timely to have the Environment Court consider this matter directly, rather than await the outcome of an independent commissioner's decision which is then likely to be appealed to the Environment Court.

On 3 October 2013, Council provided submitters with a copy of the recommending report. The application has now been directly referred to the Environment Court for processing

On 31st October 2014 the parties to the proceedings entered into a Consent Memorandum agreeing on how the application for the Notice of Requirement could be resolved by the Environment Court.

The Environment Court issued their decision on 12 November 2014. The Court confirmed Designation 1 without conditions, and confirmed that Designation 2 had been withdrawn. Designation D846 (Dunedin Harbourside Arterial Link) for the purpose of an arterial road, and stormwater infrastructure, is now included in the current District Plan.

DIS-2013-1 Frederick Street - Ravensbourne Road

1. Environment Court Decision

2. Consent Memorandum

3. Council decision -Direct referral

4. Submissions received

5. Documentation