Media release

Court decision on final District Plan appeal

25 November 2016

FOR IMMEDIATE RELEASE

The final outstanding appeal against Hamilton City Council's Partly Operative District Plan has been dismissed.

The Council’s District Plan governs the way Hamilton looks and feels, and sets the rules for future city development. It is a requirement under the Resource Management Act.

A&A King Family Trust, of which Mayor Andrew King is a beneficiary, submitted two appeals. The first related to changes to the industrial zone that would allow for general retail activities, and was settled out of court. The trust's second appeal sought a change to planning provisions for a site on the corner of Killarney Road and Greenwood Street, to allow for the site to be used for a range of uses, including retail and office development. The area the site is on is zoned industrial, meaning retail and office uses are not provided for.

In a decision released this week, the Environment Court dismissed the trust's second appeal. The decision can be viewed on the Council's website, here.

Hamilton City Council Chief Executive Richard Briggs says he supports the District Plan, and respected both the appeal process and the court’s decision.

“I’m proud of the work of my staff put into creating this District Plan over many years. This has been a massive project and I’m pleased it’s now completed," Mr Briggs says.

“It’s normal for there to be an appeal process when something as important as a District Plan is released. It is the right of any individual or organisation to put in an appeal to the District Plan.

“The final appeal has cost the Council around $500,000 which is made up of economic and transport analysis, lawyers and staff time,” says Mr Briggs.

The District Plan Review has been a six-year process, beginning in January 2010. The plan’s development and appeal process has been open, independent and involved input from more than 1500 people during the submission period (10 December 2012 to 29 March 2013). The formal appeal process began in August 2014.

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