The Whakatāne District Council has welcomed the Environment Court’s interim decision rejecting an appeal which sought to overturn District Plan Hearing Commissioners’ findings relating to the subdivision and residential development of land at Piripai.

The decision delivered by Principal Judge LJ Newhook “foreshadows” the rejection of the Opihi Whanaungakore Trustees’ appeal “for jurisdictional reasons”.  These revolve around the fact that the appeal essentially sought that the whole of the Piripai Block be set aside as an Urupa buffer zone, a remedy which went far beyond the Trustees’ original submissions on the proposed District Plan. However, should that finding be wrong, the Court also considered all aspects of the appeal and found that it did not pass the various tests required under the Resource Management Act 1992.

Mayor Tony Bonne says the Court’s interim approval of planning provisions allowing residential subdivision at Piripai is “great news for the Whakatāne District”.

“This is an important step towards the development of a much-needed lifestyle retirement village, which would mean that our elder population no longer need to move away from the area to find the quality of facilities and care they require for their retirement years,” he says.

The Court decision provides for the addition of several improvements recommended by the Council’s expert witnesses.

The Council has been directed to lodge witnesses’ recommendations on updates to the Proposed District Plan provisions, together with any new information on any provisions relating to the Piripai and Bennett blocks arising from new appeals. A memorandum to the Court putting forward submissions and evidence is now being prepared, with the expectation that the Court will either confirm that the interim decision will remain in place, or make the decision final. The Council is hopeful that the decision will be finalised in the very near future, so that development opportunities for the land can be advanced.