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Environment Court Decision On Opito Bay Released
Environment Court Decision On Opito Bay Subdivision Released Mygind And Others V Thames-Coromandel District Council
The Environment Court has released a
decision on a proposed 78 lot subdivision at the north end
of Opito Bay on the Coromandel Peninsula. In the decision
the Court has granted approval to the development subject to
a number of conditions.
"Our concerns and those of the other parties related to aspects of the design and layout of the development and some of these have been picked up by the Court and addressed in a positive way," said EDS Chairman Gary Taylor.
"The status of a proposed recreation area has now been clarified with the Council and the applicant agreeing during the course of the hearing to have it vested in Council as public open space. This will mean that there will be a large 1.2 ha reserve between the development and the beach.
"This issue has been highly contentious with the local community having had to go to the Environment Court twice to achieve this outcome in the face of intransigence by the Council.
"Concerns about the visual effects of a large retaining wall have also been addressed by the Court. Limits have been placed on its height and also on the height of buildings in the subdivision.
"Concerns about traffic impacts on the unsealed and dangerous Blackjack Road have been met by the Court indicating that it has to be sealed by the developer.
"In terms of legal issues, EDS is especially pleased that the Court accepted during the hearing that on a controlled activity consent, it had jurisdiction to reduce the number of lots. Until now it's been assumed that there's no jurisdiction to reduce lot numbers.
"However EDS is disappointed that the Court did not choose to reduce the density of the development which would have improved the quality of the subdivision and made it more appropriate for its sensitive coastal setting.
The Court said "Although there was some criticism of this being an urban-like development, that is not a concern to this Court."
"We respectfully disagree with the Court on the point. EDS is taking further legal advice on this aspect of the decision.
"Now that this matter is concluded (assuming no appeals are filed), EDS suggests that it's time for the Council, the landowners and the community to get together and work collaboratively towards a long-term solution for the balance of the very large landholdings at Opito Bay.
"It would be far better for all concerned to look at the entire catchment in a joined-up way and come up with a strategic plan for the future of the area that avoids further litigation.
"There is also a clear need for the Thames-Coromandel District Council to update its plan and provide better protection for its outstanding coastal environments.
"It has taken the local community and EDS and the Blackjack Protection Society a lot of effort to even get the matter heard publicly. It would be helpful for the Council to more constructively engage with its community rather than take the kind of obstructive approach it has over this matter," Mr Taylor concluded.
ENDS
Environmental Defence Society
EDS speaks for the environment. It has influence.
Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand
through law and policy change. That's why it's one of this country's most influential non-
profit organisations when it comes to achieving better environmental outcomes.
EDS has expertise in key disciplines including law, planning, landscape and science. It
operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together
the private and public sectors for constructive engagement.
EDS runs conferences and seminars on topical issues, including an annual Environmental
Summit and the Climate Change and Business Conference.
EDS is a registered charity and donations to it are tax-deductible.
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