Among the conditions sought by the Council was that there be no entry-exit off Willowbank Ave, and that both accesses be off Eriksen Rd, Te Awa, on a site which is north of Hurunui Dr, and additional to the village is a plan for 19 residential sections outside but backing on to the village and fronting Eriksen Rd.
While an Environment Court appeal relating to some conditions has been lodged, Philip Palmer, from Havelock North but now living at Omokoroa, with a variety of projects behind him and regarding the Napier development as "coming back home", says it's case of sitting down with Council to resolve outstanding matters.
The company believes considers errors arise from the decision regarding its obligations in respect of drainage and recreation reserves that are to be vested in Council and road frontage upgrades to Eriksen Rd.
"We have to iron-out a couple of things with Council," Palmer said. "From what I understand the Council is happy to sit down and talk," he said.
"It's been a long time coming," he said, as the Covid-19 alert levels continued to control the next steps.
The Council says the decision of independent commissioner Janeen Kydd-Smith was on behalf of council, meaning it is "statutorily obligated to uphold that decision".
"At the environment court appeal the matter will be reheard at which time council will be party to proceedings," a spokesperson said.
The Napier City Council opposed the application at a hearing in May, and a decision was released last month.
The Council had concerns about roads and three-waters infrastructure within the subdivision, which as Hawke's Bay Today reported last year had initially been intended to be vested in the Council. The Council said last year it could not be involved in such a way in a gated community, where the roads were not always accessible to the whole community.
The objection included concerns that infrastructure would be owned by a Residents' Society, of which all residents would have to be members, providing difficulties with access for refuse collection, postal delivery and emergency services.
But Durham Properties lawyer Sue Simons had told the Commissioner that the real reason the council was opposed had nothing to do with the Resource Management Act, but was about its perceptions of social concerns, including segregation of communities and the fostering of "elitism".
Palmer said there had already been inquiries from prospective residents and once the groundwork was under way a "show home" would be built as the earliest part of an eight-stage project.
It is the first "gated" project done solely by Durham Properties, although it has been involved in one as a partner.
