MEDIA RELEASE OREWA 13 JUNE 2007

Council awarded costs

Rodney District Council has been awarded costs against an appeal by two main opposers for a subdivision in Silverdale at a recent Environment Court Hearing for what was described as the opposers refusal to compromise.

The application, which included 36,000m3 of earthworks and the establishment of a service station at 44 Hibiscus Coast Highway, was not granted by the Council and an appeal was filed to the Environment Court on 16 February 2006.

Through mediation Council and the applicant were able to reach an agreement prior to the hearing based on further design work and consultation. The two main opposers to the consent - Brian Smith trading as Hibiscus Tanks and Silverdale Commercial Ratepayers Inc - did not agree to the amended proposal and forced the matter to a hearing on 8 November 2006.

Shortly after the commencement of the hearing the affected parties were asked to confer and agreed to the revised proposal. The applicant and Rodney District Council then applied for costs against Brian Smith trading as Hibiscus Tanks and Silverdale Commercial Ratepayers Inc based on what the judge described as a 'failure to explore the possibility of settlement where a compromise could reasonably have been expected'.

The judge also stated that 'the amended proposal consisted of a logical change that could have been secured by conditions of consent at a much earlier time if it had not been for the outright opposition, indeed intransigence, of the opposing parties'. Rodney District Council was praised for its conduct during mediations prior to the hearing.

Total costs of $20,000 to Rodney District Council and $25,000 to the applicant were awarded against the two main opposers.

ENDS

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