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The plan for a cafe at Auckland west coast beach Piha will go forward after a legal battle lasting nearly three years.
Environment court judge Gordon Whiting dismissed the appeal by Protect Piha Heritage against the cafe's resource consent.
Consents were approved in February 2008 for the cafe, but Protect Piha, led by ARC parks chairwoman Sandra Coney, challenged the court's decision, believing it would encourage urbanisation.
Television personality and former All Black Marc Ellis and four surfing friends are directors of Preserve Piha. They bought the site in May 2006.
Counsel for the company Martin Williams told TV3 the five were elated the plan could go forward. The legal fight had cost the company $200,000.
Ms Coney, on the other hand, said it was a sad day for Piha. "We are very disappointed at the narrowness of the court decision. They did not engage with the argument that the special character of Piha needed to be preserved. Instead they just seemed concerned with traffic bumps ... "
Ms Coney said her group, which had 70 members, had run out of immediate options.
She estimated the heritage group had spent "close to six figures" in their appeal, all from community donations.
She said the consent set a dangerous precedent for development at the beach. "So far Piha has avoided retail, cafes, bars, or anything not relevant to the character of the community ... why anyone would suggest we need more than this wonderful beach is a mystery."
The cafe company Preserve Piha was also seeking amendments to the consents from the court, some of which were allowed by Judge Whiting.
The cafe was not to exceed 35 patrons at one time, was not to serve alcohol, must keep strict control of its wastewater, and could only undertake light cooking.
