Court backs council refusal of development

A residential subdivision planned for Queenstown, which ''clearly flies in the face'' of the district plan, has been slammed by the Environment Court.

HIL Ltd directors William and Peter Hodgson, of Tucker Beach Rd, appealed a Queenstown Lakes District Council decision which rejected a five-lot subdivision on the open slopes of Ferry Hill.

The land was described as a ''transition area'', between a visual amenity landscape (VAL) and an outstanding natural landscape (ONL), in the district plan.

At present, a corridor of development was in the Ferry Hill rural residential sub zone, comprising more than 30 properties and another 25 consented but unbuilt sites.

HIL's site was at the end of that corridor of development.

While the applicant believed the site constituted a ''gap'' in rural living zones around the lower slopes of Ferry Hill and its development would not change the nature of the landscape, the Environment Court disagreed.

In his written decision on August 10, released this week, Judge Brian Dwyer said the overall effects of the proposal were ''more than minor and in many cases they are significant'', regardless of whether the site was considered to be in an ONL or VAL.

The proposal was inconsistent and contrary to the ''overall thrust'' of objectives and policies of the district plan.

Judge Dwyer said the slopes of Ferry Hill had ''little capacity to absorb change by use of topography''.

While it was necessary to have regard to existing and consented environment, the proposal was not a minor extension of that and could not be readily absorbed into the environment.

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Court backs council refusal of development