Neighbours of a planned McDonalds in Balmoral find a surprise ally as they try to fight a controversial decision. Edward Rooney reports.
The world's most famous clown would find it bizarre. Even Auckland Mayor John Banks has taken the highly unusual step of criticising the decision to approve a huge McDonalds in Balmoral.
"If I was a planning commissioner, I would not have supported it,'' he told The Aucklander this week.
Nathan Inkpen, spokesman for residents around Wiremu St, says the shock approval of a 24/7 drive-through burger joint on the quiet street has people astonished and in disbelief.
"A local community group is having to take the council to the Environment Court for some
thing that no one in the council believes in,'' he says. "Auckland City will have to spend ratepayers' money to defend what no one in the council seems to think is the right decision.''
Mr Inkpen says the Balmoral Says No group has hired a lawyer this week and is seeking an urgent opinion on liability.
"We're pulling money out of our arse for this now. If I sign up to take this to the Environment Court, would I lose my house if we lose?''
The group will meet with the lawyer this week before holding a wider public meeting
to gather support for the next part of the fight.
Mr Inkpen says a number of areas of the decision have "sickened'' the group. One is
that it fails to address part of the proposal to merge traffic from the drive-through with a bus stop.
"There's no mention of that at all in the decision. Where else in the world can that happen?''
Mr Banks all but ruled out helping the Balmoral community group pay for the legal battle
it now faces.
"You wouldn't respect me if I was out there funding every group that wants to take a case against the council to the Environment Court. If a community organisation feels
strongly about something, I respect that they have the right to pass the hat around and go through the process. I respect that process.
"I have lot of sympathy for these people. I agree with the officers and not with the commissioners.''
Mr Banks says it's important for people to realise that McDonalds does not yet have
the all-clear to set up shop in Balmoral. "We still have checks and balances and, if common-sense prevails, well ... I don't want to tell the Environment Court what to do. I don't think I've ever before said I don't agree with commissioners but I don't agree with this.''
The mayor adds that changes to the planning process that have been suggested by the Government can't come soon enough.
"At the moment we are left with the legal gymnastics of the Environment Court. I can tell
you that, around the Art Gallery extensions, we had one or two complainants cost the city $10 million. The opportunity for litigiousness is certainly available and has been used in the Environment Court to the cost of the ratepayers of $10 million.''
McDonalds spokesperson Kate Porter says the company has yet to fully scrutinise the
decision and has not ruled out also appealing.
"The appeal process is open to anyone involved and we'll be looking closely at the consent conditions. But we believe it has reached a good outcome and it would be good for all sides in this to consider the best way forward from here.''
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