A type of timeshare accommodation at Lowburn will result from a decision of the Environment Court.
Judge Jon Jackson has granted Waterline Lowburn Ltd consent to operate its travellers' accommodation as residential units to owners for 10 weeks of every year.
Waterline's application last year to the Central Otago District Council, for consent to change all titles into residential units, was refused because the land was originally allocated for travellers' accommodation, not a residential subdivision.
Waterline's property, which fronts State Highway 6 and Lowburn Valley Rd, had previously been set aside to rebuild the old Lowburn Ferry Hotel, which disappeared when Lake Dunstan was filled in the 1980s.
Waterline's appeal to the Environment Court has won it a compromise of sorts.
In his written decision to allow consent, Judge Jackson stated the units should be used only for the purpose of travellers' accommodation and, subject to provisions, should not be used for residential activity.
However, unit owners could occupy their accommodation facilities for a cumulative maximum of 70 days (10 weeks) of each year, and a maximum continuous period of 42 days (six weeks).
During all other times, units must be used for travellers' accommodation, on a daily tariff, with the exception of one unit which could be used continuously as a manager's flat.
The manager of the travellers' accommodation will be required to maintain a written record of dates of occupancy both by unit owners and travellers.
Waterline's initial application, which was granted consent in October 2007, proposed a travellers' accommodation complex, as well as a manager's office and flat.
Units were to be built beside a consented restaurant and bar to form a commercial unit.
Judge Jackson's decision also requires Waterline to upgrade the intersection of State Highway 6 and Lowburn Valley Rd, incorporating a right turning bay, flag light, and extended slip lanes, in accordance with the New Zealand Transport Agency, by December 2010.
He also ordered Waterline to develop a footpath from its property to the state highway, and to pay all the council's administration costs relating administration, inspection, and supervision of consent conditions.
Waterline was also ordered to pay a total of $255,440 in development contributions for water supply, wastewater, and roading and community facilities.
There was no order for costs.
