![Antony Wood Antony Wood](https://www.odt.co.nz/sites/default/files/styles/odt_square_small/public/files/user8429/STENHOUSE_john3_260504__Medium_.jpg?itok=EyiOKFeZ)
Lovelock Environment Society secretary Dr Antony Wood confirmed yesterday an appeal would be filed by close of business today.
The appeal follows a decision earlier this month to grant consent for the realignment, part of the $5 million Dunedin Botanic Garden strategic development plan, launched in late 2006.
The plan would link 28ha of land above Lovelock Ave with the rest of the garden, relocating propagation and administration facilities, and allowing a new entrance to be built.
The project has been supported by the Friends of the Dunedin Botanic Garden, but attracted passionate and widespread opposition from residents.
At hearings last October, they argued the area of a proposed new road would be both too steep and badly affected by frost and ice, would exacerbate a problem with boy racers, and result in the loss of wetlands and flax.
"The society has been advised there are good legal grounds for making an appeal," Dr Wood said.
"My personal feeling is that this is a matter of protecting the character and quality of the upper garden."
His hope was if the council did not get its way with the realignment, it may reconsider other aspects of the proposal for an area that had been developed over many years.
The society would have to have professional legal help, and while it would apply for legal aid, it would also have to begin fundraising.
"This has got people concerned and upset. The garden belongs to citizens, not the garden management."
Council Botanic Garden and cemeteries team leader Alan Matchett said yesterday the council had not set a starting date for the development because of the possibility of an appeal.
Friends of the Botanic Garden president Frank Buddingh said due process needed to be followed, but hoped everybody would take into account the garden was of local, national and international importance.
"It's quite obvious if we want to continue that momentum of plant collections, and the balance between passive recreation and botanical collection, we need to develop the garden."