The settlement concludes an Otago Regional Council appeal against the Dunedin City Council over proposed amendments in the Second Generation Dunedin City District Plan (2GP).
The Gordon Rd Spillway residents group represents 41 landowners in an area west of Silver Stream on the Dunedin City Council’s 2GP plan. The area was classified as a Hazard 1 (flood) overlay zone.
However, the Otago Regional Council sought to reclassify the entire area as Hazard 1A, which would have imposed stricter restrictions on rebuilding or expanding homes.
The two councils made a joint application to the Environment Court to consult with the affected landowners, and after mediation an amendment has been agreed between the parties.
A new overlay called the Gordon Rd Floodway Mapped Area will divide the spillway into low-risk and high-risk zones.
Properties in the low-risk area will retain the Hazard 1 classification, allowing for development that mitigates flood risks.
Those in the high-risk area will be classified as Hazard 1A, but homeowners will have options to rebuild or upgrade provided they address flood risks.
Mosgiel Taieri Community Board chairman Andrew Simms said the residents had been able to protect their occupation rights and ensure their future, something they might have lost if the regional council had pursued an appeal.
"I think the residents are pleased that they’ve got an outcome."
Gordon Rd Spillway residents group co-ordinator Julie Struthers said it was a positive result but a lengthy and costly process.
"It has just been such a big, long, drawn-out process, but it’s good to finally be there.
"There has been a cost to the residents, a legal cost, to get to this."
The process had highlighted the need for better maintenance of the Silver Stream spillway, which she hoped would now receive attention from the Otago Regional Council, she said.
Otago Regional Council chief executive Richard Saunders said the council was pleased this matter had reached a resolution and thanked all the parties involved in the process.
