"We've been diligent about the amount of work that's required to present this through a planning process. We've reached a point where we've done all that work and we want to get into a place where those submissions and cross-submissions can be heard and a decision made. Waiting for a process like the previous district plan that took 12 years is unacceptable to us. We don't see any logical reason to go into that environment where it may take another 12 years before we can apply for resource consents."
Late last year Hamilton City Council rejected a request by TGH and CPL for a private plan change to be heard under the district plan. Mr Pohio said when that happened TGH and CPL reassessed their options.
"Despite the change in tack and the additional cost (of the EPA process), we felt it was worth it knowing it was an open process where everybody can have their say, present their submissions and they could be heard by competent people. That's not to say the proposed district plan is any different. It's just the EPA process defines the timeline the hearing and decision process must be made."
The area covered by the application to the EPA, about 380 ha, consists of what was always going to be the first stage of the project - a medium-density housing pocket to the north, a logistics area in the middle of the growth cell, the existing 'knowledge zone' to the south and the intermodal terminal and more logistics to the south of the existing Ruakura Rd and East Coast main trunk line.
The entire project was expected to create 11,000 jobs and would add about $4 million to the region's gross domestic product.
If the private plan change is heard by a board of inquiry, the environment minister would appoint the board. "We're happy, based on the criteria we've seen and how other projects of national significance were treated that the standard and competence of those who go on to a board of inquiry will be able to deal well, not only with our submission but with others' submissions," said Mr Pohio.
The proposal in its entirety will continue to go through the proposed district plan so future stages are dealt with in the normal regulatory process.
Bill Cowie, spokesman for residents of Percival and Ryburn Rds whose properties will be situated alongside the port, said he found it "amusing" TGH was trying to get the project declared one of national significance.
"You call Transmission Gully in Wellington a project of national significance. The Waikato Expressway to Cambridge is and I'm sure the pylons carrying power to Auckland is one, but I doubt this is. This is a private company trying to make a few bucks on land they've got on the outskirts of Hamilton."
Mr Cowie said the 30 families' involvement in the EPA process would add another layer of legal costs. "We're involved in three appeals to the Environment Court - one involving the private plan change and two regarding Waikato Regional Policy Statement appeals that TGH and HCC are both mounting. We're on quite a costly adventure but we're all determined to finish this and get some sort of justice. If this goes to a board of inquiry where they attend to our concerns and give us good interface action we've not problem at all with it."
The group's legal bill has almost topped $50,000 since a lawyer was engaged in early April last year.