More industrial land would be created at the Frankton Flats
in Queenstown by the plan change 19 interim decision by
reducing the zone intended for mixed business, counsel for
Mitre 10 Mega Graeme Todd said yesterday.
Yesterday, during day four of the High Court hearing in the
Queenstown District Court to hear the appeals against Mitre
10 Mega and Pak'n Save, Justice John Fogarty heard how the
plan change 19 interim decision could affect the projects.
When the proposals were heard in the Environment Court in May
arguments against Mitre 10 Mega were that it would occupy
land which was zoned for industrial activities.
Justice Fogarty must decide whether there were errors of law
in the Environment Court's decision to grant consents for the
proposals and, until yesterday, he had refused to hear what
plan change 19 involved.
Yesterday, counsel for Mitre 10 Mega Graeme Todd said the
plan change 19 interim decision - which sought to change the
zoning of the Frankton Flats - made more industrial land
However, there was a long way to go before the plan change
became final, Mr Todd said.
Judge Jon Jackson made the decision to grant consent for the
proposals before the plan change 19 decision, and his failure
to defer that decision until plan change 19 was resolved was
a core argument of the Queenstown Lakes District Council and
Queenstown Central Ltd.
The council also argued industrial land in the Wakatipu was a
scarce resource and the proposed loss would be significant.
Justice Fogarty observed that Queenstown was no doubt
expanding and providing for this expansion was essential
''and that's why Judge Jackson decided to keep going''.
Counsel for Foodstuffs Nic Soper said plan change 19 provided
greater certainty to some matters but ''left the door open''
''Judge Borthwick's decision as it relates to Pak'n Save is
it cuts in half the E2 zone, so clearly it's not a desirable
outcome for my client,'' Mr Soper said.
The E2 zone allows for mixed business including industrial,
while the E1 zone is primarily for industrial activities.
Mr Todd and Mr Soper both agreed the interim decision on the
higher-order issues of plan change 19 was more aptly labelled
an ''interim interim decision'' and could require a further
Mr Soper indicated Foodstuffs would be appealing the plan
change 19 decision.
The council has appealed only the hardware store's consent,
while Queenstown Central Ltd - which owns land at the
Frankton Flats - has appealed both consents.