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While an appeal was lodged with the Environment Court, the matter has not yet progressed to a hearing.
Kennedy said he would not be going to a hearing as there was no longer going to be a supermarket.
The land which was previously destined for the Countdown supermarket would now instead become residential, he said.
"There’s no supermarket," Kennedy said.
Commissioner David Caldwell found there would be adverse affects on local residents and the wider environment.
This was in spite of the majority of submissions received by the district council in response to the resource consent application supporting the development.
Kennedy said at the time the commissioner’s decision was disappointing, but the site would also be suitable for a block of about 12 residential houses.