Otaki TodayThe residents of Moy Place and Sue Avenue are celebrating a council decision that blocks access to a proposed new subdivision through their streets.
However, the decision by a narrow 6-5 vote of Kāpiti Coast councillors on November 28 might still be subject to a judicial review brought by the developers, Wakefield Holdings.
Undeterred, a resident group spokesperson, Lyall Payne, hails the vote as “a victory for common sense and democratic process”. He believes there’s no case for a judicial review.
“Why would you go to court over a democratic outcome, which is also a popular community decision?” Lyall says. “It’s not as if they don’t have a a viable and community-preferred option.”
That option is to have access via old State Highway 1, where the Environmental Protection Authority (EPA) said construction traffic should be routed while the subdivision is being built.
The council vote was whether to approve a change of status for a parcel of land at the end of Moy Place from a Local Purpose Reserve (Road) to a legal road. That would allow vehicle traffic to permanently access the Moy Estate subdivision via Moy Place. The agenda noted that was the recommendation of council staff.
The agenda also noted that to not change the status had potential for a judicial review, and that the developer “could walk away from developing land/building new houses (as a new consent would likely need to be progressed via the EPA)”
The two Ōtaki-based councillors, Rob Kofoed and Shelly Warwick, voted against the status change, as did deputy mayor Lawrence Kirby and councillors Nigel Wilson, Jocelyn Prvanov and Glen Cooper. Voting for the change were mayor Janet Holborow and councillors Martin Halliday, Sophie Handford, Liz Koh and Kathy Spiers.
Liz Koh told Ōtaki Today she understood the residents’ concerns about the access, but was worried that a judicial review could cost ratepayers dearly. She said advice from KCDC chief executive Darren Edwards was that there was a high risk a review would succeed in favour of the developer and that the council would have to pay “hundreds of thousands of dollars” in legal fees and a possible finding for the developer’s costs.
“I take a logical and pragmatic view,” she said. “My perspective is from all the interested stakeholders in this decision. I feel really sorry for the residents, but they’re not the only stakeholders in this.”
She said employment during the subdivision build had to be considered, and council staff had advised that access from old State Highway 1 could not be consented because it was considered unsafe for users of the highway.
“There’s also been a robust consenting process with the EPA where they’ve looked at safety issues and decided that was fine,” Liz said. “The other stakeholders are the 137 households that are waiting to have a house to live in.
“It’s not just about a few people in Moy Place who don’t want to have their peace and quiet disturbed.”
Lix said she brought all the stakeholder groups into her decision.
“All we’re doing in the meantime is causing massive delays and costs for probably no change in the outcome.”
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