New Plymouth District Council in conjunction with Maia Developments will build a new public path alongside a new 119-home development in Highlands Park to provide residents better access through to Mangorei Road in New Plymouth. Photo: Supplied / NPDC
A New Plymouth couple says they will believe a more than seven-year dispute with a neigbouring developer is over when they see it.
In March 2016 Maia Developments - headed up by former Olympic weightlifter Brian Marsden - excavated alongside Victoria and Tim Coleman's Ainslee Street property.
The couple say the work undermined their property and have long wanted a retaining wall built.
Now the district council has stepped in and says that in conjunction with Maia Developments it will build a new public path alongside the 119-home development to provide better access for residents through to Mangorei Road.
Mayor Neil Holdom said the plan also included a solution to resolve the boundary issue with "neighbouring properties in Ainslee Street which has been longstanding and unwanted for all involved".
Victoria Coleman said council had previously promised to help and she had remained sceptical.
"We've been this close before, you know, hopefully it happens and if it does we'll be really relieved, but right now we're still in the same place at the moment."
Victoria Coleman and the unsupported cutting as it looks today. Photo: RNZ / Robin Martin
Who was to blame for the cutting has been a bone of contention between the Colemans and the developer, Maia Developments, which has said it was acting on Tim Coleman's instructions.
Last year an Engineering New Zealand disciplinary committee censured and fined the engineer overseeing the development.
It found the cut face of up to 1.7 metres left the Colemans' home unsupported and the engineer should have advised the developer to fix it immediately.
Victoria Coleman said at the time that engineers' reports found the home was not structurally sound for its lifetime of 50 years and if there was a seismic event the house could shift.
The builder's warranty had been lost and the ribraft flooring no longer complied with the consent and the property was not sellable, she said.
The excavation bordering Victoria and Tim Coleman's property as seen years ago. Photo: Supplied / Victoria Coleman
Today Coleman said she had been told the council had bought the land for the path.
"We were told they had spent $500,000 to get the land and I have an assurance that Brian Marsden is not doing the work, so we'll have to wait and see what happens."
Before this latest council intervention various senior staff members had promised to solve the problem for the couple and councillor Dinnie Moeahu had advocated on their behalf.
Holdom said the public walkway was a great solution to a difficult problem.
"This will be a great new public asset that will increase connectivity for pedestrians and cyclists in a growing neighbourhood, and it shows how a new development can enhance a key part of New Plymouth city."
He thanked the developer, who had worked closely with council on the planned path connecting Ainslee Street to Tupuhi Place.
"We appreciate the efforts of Brian Marsden and Maia Developments to not only create a quality subdivision, but also for their willingness to enter into the agreement for the good of residents, which is a win-win for all involved."
New Plymouth District Council has been asked if they paid for the land and if so how much, and who will be undertaking the job.
New Plymouth District Council said it was bound by a confidentiality clause and could not reveal what if anything it had paid for the land or for the path or its construction.
Work on the new public path was anticipated to begin late 2023.