Supermarket giant Progressive Enterprises will sidestep a traditional local authority planning hearing and instead put its case to build a Countdown in the Warkworth town centre directly to the Environment Court.
The move, which will dispense with the usual council hearing into the merits of the controversial proposal, has been
agreed to by Rodney District Council.
Progressive said yesterday the opportunity had been given by this year's simplifying and streamlining amendments to the Resource Management Act.
"Both Progressive and the council recognise there could be appeals to the Environment Court and consider it more efficient to everybody, including the public, for the application to proceed direct to the court.
"The application is being notified so the public can make submissions in the usual way."
Progressive said the Countdown store could be open by late 2010.
The company said it would bring competition for the growing area's needs, presently met by a New World supermarket, which is part of the rival Foodstuffs chain.
Progressive said 160 permanent jobs could be added to the town's economy by its building bid, which includes five speciality retail shops.
Rodney Mayor Penny Webster said she believed it was the first time in the country that the new provisions would be used.
They were appropriate for this case, which was bound to draw legal objections.
The council would still process the application and prepare an assessment of the proposal, which would go to all parties making submissions to the court.
"But it does not go through the whole council process of having a hearing panel and waiting for a decision from the panel, on top of then waiting until appeals are dealt with by the court.
"For the council, it's cost saving as well to short circuit that process.
"There is always a cost to the ratepayer in money and time with hearings."
However, a council-appointed commissioners panel is still due this month to hear Progressive's application to remove two trees protected under the District Plan at the proposed site in Neville St.
A council planner has recommended that the request to remove the jacaranda and rimu be declined.
