Last week the High Court issued a decision on the judicial review proceedings brought by Bunnings Limited, declaring that certain recommendations made by the Independent Hearings Panel (and accepted by the council) were beyond the scope of submissions made on the Proposed Auckland Unitary Plan (‘out of scope’).
The ‘out of scope’ recommendations comprise the inclusion of arterial roads in Redhills Precinct, amendments made to the alignment of those arterial roads relative to the alignment of the collector roads shown in the submissions, and the new arterial connection to the Fred Taylor Drive / Don Buck Road roundabout.
The decision was issued following discussions between Auckland Council, Bunnings Limited and various other parties, which resulted in the settlement of the proceedings.
Right of appeal available
Because of the declarations issued by the High Court, a right of appeal to the Environment Court is now available for anyone who is, was, or will be affected by council’s decision to accept the ‘out of scope’ recommendations.
The right of appeal is available under section 156(3) of the Local Government (Auckland Transitional Provisions) Act 2010.
Date for filing any appeals
Any appeals must be filed with the Environment Court no later than 20 working days after the date of council’s public notice – the deadline for this is Thursday, 12 October 2017.
More information about the appeals process, including who can make appeals, can be found on the council's Auckland Unitary Plan Operative in part home page and on the Environment Court’s Unitary Plan Appeals website.