Work on Dunedin's long-debated Lovelock Ave realignment should start in the next financial year, after it was confirmed yesterday there were no more legal impediments standing in the way of the plan.
Design work, tenders and communication with nearby residents and the wider community are the next part of the project.
Lovelock Environment Society secretary Dr Antony Wood announced on Sunday an Environment Court challenge by the group, set up to oppose the realignment, had been dropped.
The appeal followed a Dunedin City Council resource consent committee decision earlier this year to grant consent for the realignment, part of the $5 million Dunedin Botanic Garden strategic development plan, launched in late 2006.
The plan would link 28ha of land above Lovelock Ave with the rest of the garden, relocating propagation and administration facilities, and allowing a new entrance to be built.
Dr Wood said while the society believed it had a good case, it did not have the money to continue with the legal action.
Asked yesterday how that came about, Dr Wood said the society had applied for funding from the Environmental Legal Assistance Fund, provided by the Government for non-profit groups to advocate for an environmental issue of public interest in resource management cases.
That had been turned down, Dr Wood said, because it had been decided the issue was of private rather than public interest, something he thought was "outrageous", when it was city facilities like the Town Belt and Botanic Garden at stake.
The society had raised between $6000 and $10,000, but every cent had gone to lawyers and consultants as the society applied for the funds.
Council Botanic Garden and cemeteries team leader Alan Matchett said yesterday there was still some design work to be completed on the project.
He expected tenders to be let in March, and the work to start in the next financial year.
He was not sure how long the work would take, as some of the planning work had not been completed while the legal process was under way.
Council community and recreation services manager Mick Reece said there would be communication with the public on what would happen, when, and how it would affect neighbours.
"We need to get that work planned to the next level of detail.
"We need to schedule when and how things happen."
Mr Reece said Lovelock Ave would not be dug up, as Dr Wood said in a press release on Sunday, but would remain in place.
