Advocacy group Lincoln Voice had been opposing the subdivision as part of a private plan change appeal (PC69) to the Environment Court, but the appeal was made null and void in August following the subdivision’s approval in the District Plan review.
Lincoln Voice was unable to appeal the decisions of the District Plan review because it was not a submitter to it.
In its Environment Court appeal, which was never heard, the group was arguing because Lincoln South is on highly productive land it should not be allowed to go ahead. However, it is now going after the process the council used to include Lincoln South in the District Plan review.
Said Lincoln Voice spokesperson Denise Carrick: “We need to be clear now that our question and concerns that we are raising with the council and potentially through judicial review is not about the application of NPS-HPL (National Policy Statement – Highly Productive Land) anymore, but it is about the process and advice that the council used when they decided to take over the zoning of PC69 land from the developer and make it the council’s own plan change.”
To assist in its fight Lincoln Voice has engaged the services of RA Law, which asked the council a series of questions, but Carrick said the response was unsatisfactory.
“Lincoln Voice has employed the services of a barrister over the last couple of months as we were at a loss as to where to go next with the whole situation around the appeal against PC69,” Carrick said.
Carrick said RA Law had advised them not to comment on the council’s response because it was provided without prejudice.
Lincoln Voice also wants to have the land for Lincoln South marked as under appeal because the Environment Court appeal is just on hold and has not been withdrawn.
Council acting executive director of development and growth Robert Love said the council was happy to meet with Lincoln Voice.
“The process around Plan Change 69 was an unprecedented and complex situation involving multiple planning processes, each with their own legal requirements, so if Lincoln Voice does have further questions or information they would like, we’d encourage them to let us know and we’re happy to meet and answer those,” Love said.
Love did not respond to questions from Selwyn Times about whether the land for Lincoln South would be changed to under appeal.
