The Kakanui Camping Ground. Photos by David Bruce.
The Kakanui Camping Ground has been ordered to cease
operating, except for five camping sites, by the Environment
Court after a two-day hearing in Oamaru.
For more than 15 years, the camping ground's owner has been
embroiled in a battle with the Waitaki District Council over
its legality. The hearing in Oamaru this week the fourth time
the issue has gone before the Environment Court over either
resource consents or an abatement notice on owner Allan Jones
in December last year, ordering he cease operating visitor
accommodation (a camping ground).
Camp owner Allan Jones and wife Chris.
This week's hearing , was to hear an appeal by Mr Jones
against the abatement notice.
He clainmed exsiting use rights, saying there had been
camping on the 1.22ha site on the south side of the Kakanui
River next to Waianakarua Rd, since the 1950s.
The appeal was challenged by the council, supported by site
neighbours Bob and Linda Hildeman, before Judge Gordon
Whiting and commissioners Kevin Prime and Katherine Edmonds.
On Thursday, Judge Whiting issued an interim decision
amending the abatement notice, directing Mr Jones to cease
operating the camping ground, except for five camping sites
at any one time, including caravans, tents, motorhomes and
cabins.
The camping ground has 30 tent and caravan sites, according
to its website.
Judge Whiting said the abatement notice would also prevent
"any creep" (expansion) of the camping ground in the interim.
Mr Jones was directed to file with the council within five
working days an amended resource consent application to
operate the camping ground, and the council to publicly
notify it for submissions 10 working days after receiving it.
The application would then follow the normal Resource
Management Act process.
Judge Whiting said it became apparent, from evidence, the
hearing would not end the issue and may well complicate it,
resulting in increased costs for all parties and the court.
Mr Jones and the parties would proceed with an amended
resource consent application, to a determination as soon as
possible. The determination could end the matter, or if one
or more parties appealed, it would be beneficial for the
court to hear both the appeal and abatement notice together.
In December, Mr Jones had filed with the council a resource
consent application, but it had been on hold, subject to
further information being provided by him. Agreement had been
reached on an amended consent application, which would now be
filed to meet the court's direction.
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