Road development stop fails

A property developer has come off second-best in the first part of a battle to stop a new road being built in Palmerston North.

Aokautere Land Holdings Ltd tried to get an interim injunction against Palmerston North City Council and its work to develop a road connection between Abby Rd and Johnston Drive.

In her decision released last month after a hearing in the High Court in Palmerston North, Justice Helen Cull declined the company’s application, saying the normal consent process should continue.

The company does property development in Manawatu¯, and owns land in the Aokautere suburb to the east of Palmerston North.

It owns land between Abby Rd and Johnston Drive, and council records showed it once applied, albeit unsuccessfully, to construct a road between the two. The company’s application failed because it did not meet the council’s earthworks policy.

The company then applied in 2018 to subdivide the land for residential housing.

But the council’s planning staff were concerned that plan would create access issues.

That led the council to investigate making the road a reality as a public work.

The council and company negotiated throughout last year to find a solution to road design, construction and potential land swaps, which were not resolved by November.

The company continued with its subdivision plan, but was declined consent after a hearing in April this year.

Meanwhile, the council filed a notice of requirement to get the new road under way.

One submission on the notice came from the company.

Its injunction plan initially went to the hearing commissioner, who said they did not have authority to hear it, hence the High Court action.

The injunction application had two arms: the notice of requirement was not valid, and there were issues with how it was served.

The validity argument centred on the way lots of land were described, with the company claiming the lot numbers were wrong.

The council had also served the notice of requirement at a residential address instead of Aokautere’s office.

The council opposed an interim injunction, saying the company could raise its issues through the independent commissioner and appeal to the Environment Court if the hearing did not go its way.

It did not deny getting some lot numbers wrong, but the notice also featured aerial photos and maps showing where the proposed road would go.

The judge said there were issues with the notice, but agreed the photos and maps made it clear where the land was.