Just before Christmas, independent commissioners Ian Munro and Jan Caunter rejected B Property Group’s proposal for the Waimarino Luxury Lodge, on a 1.8ha site overlooking Bob’s Cove, to comprise 24 luxury villas on Tui Dr land.
Chief executive Andrew McIntosh was also proposing a restaurant, sauna, yoga studio and distillery, all for residents’ use, within the Bob’s Cove sub-zone.
Queenstown landscape expert Nathan O’Connell initially recommended consent be refused for several reasons, including the increased use of Tui Dr and visual amenity effects.
But after a hearing, held in three parts between October and November last year, he changed his mind, given many concerns could be addressed through consent conditions.
The commissioners did not agree, in part because there was no written approval from the Tui Dr owners to seal and widen the access road and a proposed condition of some financial compensatory arrangement to confirm access was not "satisfactorily workable or administrable", finding site access an "insurmountable barrier".
B Property subsequently appealed their decision.
On the access issue, lawyer Joshua Leckie submitted Queenstown’s council adopted an "incorrect legal interpretation of the instrument providing for access to the site".
"The decision wrongly identifies the payment mechanism provided for within the right-of-way instrument as a mechanism to confirm access.
"The appellant is not relying on a proposed financial compensatory arrangement to confirm access.
"Access is already legally enabled ... by the right-of-way instrument."
Further, the council erred in concluding the proposal would be contrary to the transport objectives within the proposed district plan, due to site access not being provided, he said.
"This incorrect conclusion flows from the respondent’s inaccurate conclusion that the easement does not provide access to the site.
"This was a fundamental error given that all other transport effects were identified as being appropriately addressed."
Other issues included the relevance of underlying consents and assessment of landscape and visual effects.
B Property sought for the commissioners’ decision to be cancelled, consent granted and costs.
