The Environment Court hearing has been set down for the week beginning 19 October 2009, commencing on the Monday. Please join us next week to hear the latest updates.
When: 7:30pm, Tuesday 13 October
Venue: Meadowbank Community Centre (Note different venue than most previous meetings)
If you are reading this website for the first time, Welcome! You are probably here after seeing the article in the East & Bays Courier.
Browse through the rest of the entries to get a feel of the journey that we have been through, and the scale of the development that we are opposing.
The progress through the Court system is a lengthy one. The appeal was lodged in September last year, and at this stage we are looking at a hearing in October this year.
What has happened in the past 9 months? Quite a lot, most of it involving a lot of paper!
We tried mediation, but that did not go far. The mediation process is confidential, so I can't say more than that. Since then we have engaged three experts - a planner, an urban designer and a transport engineer. They have gone through a "caucusing" process where they get together with experts representing the applicant (Qualcare, now known as Oceania) and the Auckland City Council.
Following the caucusing, evidence has been exchanged between the parties, and we are now waiting for confirmation of the Court Hearing date.
This is an expensive process - unfortunately justice is not cheap - so any donations are gratefully received.
If you would like any further details or information about supporting our cause, please contact me.
Mike Graham
Action Meadowbank Inc has lodged an appeal against the decision of the Council. This was done after careful consideration and evaluation as we strongly believe that the matter is worth pursuing to protect our suburb, and the wider city, from inappropriate development.
The front page of last Friday's Courier shows that we are not alone in this fight. If you support our opposition to this development, then we invite you to apply to join the Society if you have not done so already. To join, please send me an email expressing your interest in becoming a member. There is NO financial obligation or liability in joining, however donations are always welcome! And we can always find work for willing hands.
The current process could take around 6 months to get to a decision from the Environment Court, and there are further appeals options that may be available to Qualcare or us following any decision. Qualcare have a significant investment to protect so they will not want to walk away from this, but rather get building as soon as possible. They will be hoping their money, and the stress and disruption of this process on local residents, will buy them the decision they want. We believe the District Plan is quite specific and a development as proposed is not at all consistent with the Plan – our challenge is to pursue that decision through the Courts.
Please support us in our action.
The Commissioners decision can be downloaded from:
http://www.aucklandcity.govt.nz/council/members/hearings/a20080630.asp
Click on the 'Agenda Attachments' link near the top of the page and there are two links:
1. The Council Planners report (hrg-300608-report-agd-#1.pdf)
2. The decision (hrg-300608-decision-agd-#1.pdf)
Unfortunately the decision of the commissioners has gone against us, and consent for the application has been granted (with the modifications they proposed during the hearing). Those of you who made submissions should have received a copy of the decision in the post today. We must now make decide what action to take. If we want to challenge the decision, this means going to the Environment Court. This process must be initiated within 15 working days, so we need some prompt feedback as to whether or not there is support for such an appeal. An appeal will be costly, in terms of both time and money, so Action Meadowbank wants to have a clear indication of the level of support in the community for such an action. Could you please indicate, as soon as possible, whether you would be willing to contribute further to the appeal process. It would be useful to hear your view - for or against! There is potentially some government funding available for the appeal process, and we would be seeking to access this, but we cannot be certain of obtaining this or of this being adequate to meet all the expenses. Frankly, we were surprised and disappointed at the decision, and believe there are grounds to appeal this and potentially overturn it. However, we do recognise that this is not a short process, and it is still possible that we may not succeed. But if we don’t do anything we will have to live with the development as approved – or worse, open the door for Qualcare to seek to modify the consent to allow an even more intensive development (without the modifications they proposed during the hearing).
The public aspect of the Hearing concluded on Thursday morning, with Qualcare delivering their right-of-reply. The three commissioners will now deliberate on what they have heard, and will deliver their decision in 15 working days. However, this may be extended, and the chairman indicated that this is quite likely to happen.
It is my understanding that the decision (and any delay) will be communicated in writing to all submitters.
The Hearing will continue next Thursday 17th July, commencing at 9:30am, for Qualcare's right-of-reply. Two hours have been allowed for this. It is to be held at the same location as the Hearing last week.
It is expected that submitters will be mailed out a copy of this sometime this week. I have an electronic copy of this - if you would like a copy (approx. 5 mb PDF file) then please contact me.
Below is a link to the Society's submission to the Planning Hearing (it is in pdf format).
Action Meadowbank Submission
Final day of submissions, where the locals continued to give great presentations about the effect of this proposal on their properties.
Qualcare have asked for an adjournment, and will be presenting their right-of-reply in writing on Monday, and in person on a date to be determined (in about 2 weeks time).
I will post the Action Meadowbank submission here in the next few days (after I catch up on some sleep).
Today was the first day for submitters, with a number of local residents making submissions. The commissioners are very keen to hear about how YOU will be affected. They are also very aware that it is not often that most of us have to do something like this, so don't be afraid!
All going to plan, the hearing will conclude tomorrow (Thursday).
Today was afternoon only, and Qualcare continued their evidence with the following appearing:
Bronwyn Coomer-Smit (continuation from Monday)
Jon Styles - Environmental Acoustics
Craig McGarr - Planning & Resource Management Consultant
As Qualcare will complete their evidence on Wed morning, some submitters have been brought forward. As a result Roger Williams and Mike Graham will be presenting at 10:30am on Wednesday. This is distinct from the Action Meadowbank presentation which is still scheduled to be on Thursday afternoon.
The hearing is being held at:
Committee Meeting Room
Level 15
Civic Administration Building
1 Greys Avenue
Auckland
You will need to report to Reception on the Ground Floor. Closest parking is in the Aotea Centre car park.