The proposed 15-lot subdivision at Lake Hayes Estate should not be publicly notified because covenants made sure everyone who bought or occupied property went in with their "eyes open", a hearing was told on Wednesday.
Commissioners Jane Taylor and Christine Kelly heard that covenants signed by residents prohibited them from objecting to the proposed subdivision and development of the land to the east of Rere Rd and owned by Lake Hayes Estate Ltd (LHE).
Evidence was presented by LHE counsel Jim Castiglione and resource management consultant Karen Hanson for the developer in the one-day public notification determination hearing in the Crowne Plaza hotel.
Lakes Environmental planner Wendy Rolls recommended the subdivision and land-use consent application be publicly notified in her report earlier this month.
Mr Castiglione said the covenant was put in place specifically to give owners or occupiers advance notice that the property would be further subdivided and developed at some point in the future.
"The effect of the covenant is that everyone . . . who might otherwise be considered affected by the proposal have given their written approval and any effects on them must be disregarded when determining whether notification is required."
Mr Castiglione told commissioners written approval had been received on Tuesday from Hayes Creek Ltd, Effkay Properties Ltd and Sardis Nominees #2 Ltd, the owners and developers of the approved 37-lot residential subdivision for 42 dwellings bordering LHE's proposed 15 lots to the east.
Ms Rolls said Transpower was an affected party as it owned an 11kV transmission line, east to west, above the site.
Mr Castiglione said Transpower agreed that its concerns in terms of setbacks and associated matters relating to the lines would be met "provided the applicant's volunteered conditions are accepted by the [Queenstown Lakes District] council . . .
Transpower's written approval is not required."
In response to Ms Kelley's question on public safety in permanent proximity to the powerlines, Mr Castiglione said health and safety was covered in the application.
He quoted the New Zealand Electrical Code of Practice, which set a minimum safe distance for people, property and vehicles of 12.5m from power lines and said the proposed residences would be 15m away.
In the hearing, Ms Rolls said the proposed lot sizes, ranging from 580sq m to 1250sq m, were "significantly smaller" than on adjacent land to the southeast, and one proposed lot was below low-density zone requirements.
She was also still concerned about the effects on character and amenity and maintained her recommendation for public notification.
The commissioners reserved their decision until the end of next week at the latest.
