Attempts to develop the long-proposed Pak'n Save and Mitre 10 Mega on Frankton Flats have been resuscitated by the individual backers lodging separate appeals against the decision which quashed their consents.
Foodstuffs South Island Ltd, behind the Pak'n Save plan, said in its notice of appeal on July 22 it was appealing the High Court decision of Justice John Fogarty, dated April 19, on the proceedings of Queenstown Central Ltd in opposition to Foodstuffs and also Queenstown Central and the Queenstown Lakes District Council against Cross Roads Properties Ltd.
Foodstuffs' new appeal is based on questions of law, such as whether the High Court erred in finding the Environment Court wrongly applied the case of the council versus Hawthorn Estate Ltd as a legal test of general application in determining the environment.
The appellant wants the High Court's decision on Foodstuffs versus Queenstown Central to be set aside and the decision of the Environment Court on Foodstuffs versus the council, which granted resource consent for the Pak'n Save, to be reinstated.
Cross Roads Properties, a property subsidiary of department store chain H&J Smith and behind Mitre 10 Mega, lodged a notice of appeal on July 19 against the same April decision by Justice Fogarty.
It also questions whether the High Court wrongly applied Hawthorn and whether the High Court erred in finding as fact a Pak'n Save and/or Mitre 10 Mega would have major effects on the environment.
Cross Roads wants the Court of Appeal to set aside the High Court's findings and to uphold the Environment Court finding in its case of Cross Roads against the council.
Justice Fogarty has made decisions in two proceedings to do with Frankton Flats - the resource consents for the developments of Pak'n Save and Mitre 10 Mega, which began two years ago, and plan change 19: Frankton Flats, which has been the subject of hearings for seven years.
