Restaurant rescued from ‘dire’ impact of restrictions
The Golden Bay Mussel Inn will be pumping over the holiday season thanks to Environment Court judge Jon Jackson overturning a Tasman District Council attempt to restrict visitor numbers.
Judge Jackson said supplies had been ordered and extra staff rostered on, and the council’s abatement notice would cause ‘‘dire’’ effects on the restaurant owned by Jane and Andrew Dixon on the highway between Takaka and Collingwood.
Tasman District Council’s abatement notice demanded that the Dixons restrict numbers to 50, except on New Year’s eve when 100 were allowed under the restaurant’s resource consent.
Jane Dixon told Stuff the most disappointing aspect was the council’s timing – just when most people were about to go on holiday on December 20.
‘‘We’re here all year and available to talk. It wasn’t polite or businesslike. We’ve got some support from our local MP Damien O’Connor, but the main problem is the 100kmh speed limit on the road.’’
The Dixons have spent 26 years building up the popular business, and when thousands of holidaymakers flock to the top of the South Island, more of them visit the restaurant and outdoor events than permitted in the resource consent.
The council’s abatement notice was prompted by concerns about parking along the 100kmh highway.
Jane Dixon said the parked cars on the road reserve acted as a traffic calming measure. Restricting visitor numbers would make music events unviable.
It was not illegal to park or camp on the road reserve, and nor had there ever been an accident there, she said.
‘‘There are not many stretches of the road where it is even safe to drive 100kmh.’’
The Dixons were in the process of applying for a new resource consent to reflect the reality of their situation, although the 100kmh speed limit meant it was unlikely to be granted. The Dixons have previously met the NZ Transport Agency, the council, and police to find a solution and in 2014 obtained a variation to their resource consent allowing more customers on New Year’s eve.
But the council decided that given previous experience of the restaurant’s popularity, the numbers would be higher.
In his ruling, Judge Jackson said he had to consider the environmental effects and whether the abatement notice was reasonable.
He concluded the effect would be similar to other years.
‘‘The effects subject to the abatement notice relate principally to the highway and the Dixons cannot manage that. I accept that there may be some traffic issues but have to weigh that against the fact the Dixons’ business may be forced to close.’’
He granted their request to overturn the abatement notice on condition they apply for resource consent no later than April 26, 2019.