The neighbours, Boyd and Liane Brinsdon and Matthew and Wendy Scully, have appealed a decision by the Central Otago District Council to grant Martin and Dallas Milne consent for a new home and to use the existing house for workers or travellers' accommodation for up to six people.
The Brinsdons and Scullys asked for the decision to be overturned and the case was heard this week in Alexandra, before Judge Jon Jackson and commissioners Kathryn Edmonds and Russell Howie. Judge Jackson reserved the court's decision on the matter.
Counsel for the Milnes, Kristy Rusher said the couple lived on a cherry orchard at Ripponvale, near Cromwell and needed a new home to comfortably accommodate their four teenage children. They planned to retain the existing home for rental accommodation and would surrender a resource consent that permitted the use of the garage as a separate residential unit.
The activity was discretionary under the district plan. Ms Rusher said the Milnes asked for the appeal to be declined as the proposal was an activity that supplemented the existing use of the property. The environmental effects were largely contained within the site; the effects beyond the boundary were the same or similar to now and the proposal was a sustainable and efficient use of an existing resource. No precedent would be created as consent had already been given for two residential activities on the site, she said.
Mr Milne gave evidence of noticing orchard workers and fruit pickers ''living on the side of the road in non-suitable conditions'' but agreed, under cross-examination by Mr Brinsdon, he had no evidence those people were fruit-pickers and not freedom campers on holiday. He did not think he had ''over-estimated'' the need for worker accommodation in the area. Mr Brinsdon and Mr Scully were concerned at the proposed breach of the 50m separation distance between dwellings, the density of living accommodation and the visual effect, increased noise and traffic. Mr Scully said consent would ''open the floodgate'' to increased development.
Lawyer for the district council Jayne Macdonald said a subdivision consent had since been granted for the site which allowed for subdivision into three lots, each capable of accommodating a house. Visitor or worker accommodation would have a negligible effect on the amenity values enjoyed by the Brinsdon and Scully properties, she said.
Council planning consultant David Whitney said the rule about 50m separation between homes was primarily intended to provide a separation distance for the benefit of adjoining property-owners. Although the new home would be 29m from the existing house on the site, the only ones adversely affected could be the Milnes.
The new house would be at least 50m from both the Brinsdon and Scully homes.
