A battle between neighbours in Currie Rd, Outram, continues.
The Environment Court has allowed a society formed to protect the amenities of the rural road to make a submission at the appeal against consent conditions for a wedding venue in the road.
The owners of Grandview Gardens, Jo and Wayne Lindsay, applied to the court seeking an order that the Currie Rd Residents and Friends Society Incorporated not be allowed to make a submission at the appeal because it had not established standing to be heard.
The society, whose members include six residents of Currie Rd and nine other people, was formed last year after the Lindsays were granted a variation on their consent.
The consent allowed the Lindsays to expand their operation, although not to the extent they had sought and with several conditions imposed relating to the use of the road by people connected to the venue.
The society's stated purpose is to protect the amenity values of Currie Rd for the residents and their friends and families, to foster and maintain the rural lifestyle of Currie Rd and to ensure it remains a tranquil, peaceful environment.
Many of the upset Currie Rd residents who made submissions opposing the Lindsays' application to vary their consent have joined the society.
The Lindsays have appealed to the Environment Court over conditions imposed on the varied consent, saying they are too punitive.
Some society members will also make submissions at the appeal hearing.
In his decision, which was made on the papers and released on January 30, Judge Jon Jackson said he allowed the society to be party to the appeal on the basis that it was a ''person'' who had an interest in the proceedings greater than that of the general public.
''I consider it is very unlikely that the general public knows (on average) where Outram is, let alone has an interest in the amenities of Currie Rd.
''I consider that the society has an interest in, as in a concern about, the proceeding greater than that of the general public, and accordingly it had standing to lodge its section 274 notice.''
All parties are now waiting to hear when an appeal date will be set, or if mediation will be entered into first.
- debbie.porteous@odt.co.nz
Source: http://www.odt.co.nz/news/dunedin/244853/society-gains-right-submit
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