Council stays ‘neutral’

The Auckland City Council won’t be taking sides in the upcoming Environment Court battle between McDonald’s and members of the Balmoral community.

The matter was discussed in confidential at a city development committee meeting earlier this month and chairman Aaron Bhatnagar issued a statement saying the council would take a neutral stance.

In July, three independent commissioners granted consent for the proposed Balmoral restaurant and drive-through to go ahead with several conditions, despite opposition from the community and the council’s own experts.

Mr Bhatnagar said rather than defending the commissioners’ decision, the committee authorised council officers to go to the hearing solely for the court’s assistance.

"Officers will provide all relevant information to assist the judge in making a decision and to attend formal court assisted mediation, should that be appropriate."

Balmoral Community Group spokesman Nathan Inkpen says the council’s decision to stay neutral is a "massive step" and "hugely encouraging" for the group.

"The council normally defends decisions made on its behalf. It’s very unusual for the Auckland City Council or for any council to take a neutral stance.

"For us it means we are not fighting the council, just McDonald’s."

He says the council’s decision not to support the fast food giant will be a "huge indicator" to the Environment Court judges that the commissioners’ decision to grant consent was wrong.

Mr Inkpen says a date has yet to be set for the Environment Court hearing but he expects it will be March at the earliest.

If built, the McDonald’s would front Balmoral Rd and Wiremu St and would be open 364 days a year, closing at 10pm on weekdays and midnight on weekends.

A McDonald’s spokesperson says the council’s decision is "a little unusual", given its support for the use of independent parties for resource consent hearings.

"It doesn’t change our approach as we work towards preparing for the next step in this process."

The Balmoral Community Group is continuing to raise money for its case and is holding a burlesque night on November 7 at the Juice Bar in Parnell.

Burlesque troupe the Hootchy Kootchy Girls will perform and tickets can be bought at www.eventfinder.co.nz or by phoning 021-444-820. Tickets cost from $30 to $60 and there is a prize for the best dressed couple.

- © Fairfax NZ News