A gay Queenstown couple have overcome a neighbour's alleged "bigotry" and gained building rights for a block of land they own.
Mike Harris and Bill Bailey run the White Shadows Country Inn luxury bed and breakfast at Hunter Rd, between Queenstown and Arrowtown.
In a decision released on Friday they were granted the building rights for a 2ha patch of land next door to their five-star bed and breakfast.
At a resource consent hearing in Queenstown last month, Mr Bailey said one neighbour's objection to their application for building rights could be the result of "bias and bigotry" concerning their 33-year personal relationship.
In the decision, Commissioner John Matthews said the application satisfied the objectives of the District Plan.
"Overall, we are quite satisfied that visibility of a house on the proposed building platform would be at an acceptable level from identified private places," Mr Matthews said.
Three neighbours opposed the original application, and concerns were raised over the visibility of a new building from their own houses.
In his decision, Mr Matthews said: "So far as public places are concerned, we considered all the evidence before us and were satisfied that with a modest amount of further planting than was initially proposed, and conditions enshrining proposed design criteria, visibility can be kept at an acceptable level in terms of the requirements of the District Plan."
The couple have been granted a five-year consent exercise period as sought, subject to the conditions of a modified landscape plan which includes further planting to reduce visual effects on one neighbour's property, and to undertake additional planting around the building site.
Mr Harris said he appreciated the commissioner's decision for his "astute judgement, objectivity and willingness to listen to reason".
His partner, Mr Bailey, said the neighbours had until the end of January to appeal the decision.
"We are happy with the outcome and as we said all along, we have no plans to build and no intentions to build ... we just wanted to reinstate the building rights which used to be there," Mr Bailey said.
Following the appeal process, the required planting will likely start in September 2011, in time for the growing season.