Not defending plan leads to criticism

The Upper Clutha Environmental Society secretary, Julian Haworth, has criticised the Queenstown Lakes District Council for not defending its district plan and decisions made by its commissioners.

His comments came after the Environment Court last month disallowed an appeal by Bald Developments Ltd to undertake a 25-lot rural-residential subdivision of land near Luggate.

The case heard by alternate Environment Court judge David Sheppard and commissioners Russell Howie and Sheila Watson earlier this year was scaled down from the 38-lot proposal rejected by QLDC commissioners David Collins and John Mann in 2007.

The modified proposal resulted from mediation between Bald Developments Ltd and the QLDC.

Mr Haworth said the Environment Court's decision was "very strong" and should set a precedent for other cases still to come before the court.

"The society is pleased with the decision which reinforces the RMA'S protection of outstanding natural landscapes.

"The decision shows that the council must defend its district plan and not reverse decisions made by commissioners," Mr Haworth said.

Bald Developments' proposal is part of a larger development crossing the boundary into the Central Otago district.

The Central Otago District Council has already consented to development on the land under its jurisdiction.

Bald Developments Ltd is directed by Wanaka residents David Reeves and Antonia Allison, who declined to comment when contacted yesterday.

Their plans included recreational facilities, trails for walking, biking and horse-riding and links into the Mt Pisa Conservation Area.

As part of the development, a large area of land would have been held in a separate common lot for farming.

Neighbouring landowners had approved the scaled-back development and only the society continued to oppose it at the appeal.

QLDC corporate and regulatory services general manager Roger Taylor yesterday said the society was entitled to its opinion, but correct process was followed.

Environment Court hearings are held "de novo", meaning evidence is presented afresh.

It is not unusual for developers to present modified applications, but they must remain within the scope of the original application.

The council's decision to accept the scaled back proposal was made after advice from planners and landscape architects that it would meet the objectives and policies of the district plan.

 

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