Southern Environmental Association (Wellington) Inc v Wellington City Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

01/03/2007

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

(Linxplus case summary from Lexis)

RESOURCE MANAGEMENT - successful appeal pursuant to cl14 Schedule 1 Resource Management Act 1991 against decision of the Hearings Committee approving proposed Change 54 to the District Plan to rezone 178 and 180 Owhiro Bay Parade from rural to residential (outer) - the land was surplus to Wellington City Council requirements and was rezoned for sale purposes - the appellant public interest groups and s274 parties opposed rezoning and sought designation of the land as Open Space B HELD: appeal allowed and finding that open Space B was the most appropriate zoning designation to promote sustainable management of the natural and physical resources - costs reserved - direction for amendment of the Plan and provision of the altered Plan to the parties

At [63]-[64]:

There is also the question of the longer term future of the area given the increased recreational demands that are likely to be placed on it, and the potential effects of erosion and climate change. We accept that sufficient parking for all those who may wish to come to the area in the future may not be able to be provided and that people will have to find alternative places to park, or ways of getting there. However, we cannot assume that the Council could (and should) deal with coastal erosion and continue to provide the existing level of access and parking through physical works.

We conclude that given the current level of use, the attractions of the area, the potential for considerably increased visitor numbers over time, and coastal erosion/climate change issues, the area proposed for residential zoning may be critical to accommodate future parking and amenities. Parking is not permanent, maintains open space and is low impact if appropriately landscaped - as can be seen already.

At [124]: We accept that there may be the potential for the effects of climate change on the land to be managed through design. However, that does not take into consideration the possible effects of climate change on the wider area. It also puts additional houses and people in a position where access is along a road already subject to heavy seas in high tides and certain weather events (a health and safety consideration too). That road is subject to erosion and in the future could require major physical works to provide for continued access to the two sections.

CASE DOCUMENTS

Southern Environmental Association (Wellington) Inc v Wellington City Council [2010] NZEnvC 114