Shotover Park Ltd is confident a Pak'n Save supermarket
and Mitre 10 Mega hardware store can be built on their Frankton
Flats land despite its proposed zone, which would provide for
such activities, being rejected by the Environment Court in an
That zoning decision,known as plan change 19, was released
last month, in the same week as the High Court hearing of
appeals against consents granted for the projects by a
different division of the Environment Court.
The long-awaited decision has rejected a zone which was
pushed for by Shotover Park Ltd allowing a supermarket and
other activities including industrial, trade and home
The decision, by Judge Jane Borthwick and commissioners Ross
Dunlop and David Bunting, states the activity area E3 ''would
most likely develop as a fourth commercial centre'' and would
not be consistent with the district plan.
The court concluded it must decide ''whether to approve'' the
activity area E2 zone - for mixed business including
industrial - or Shotover Park Ltd's proposed E3, ''but it
cannot approve both''.
Foodstuffs and Crossroads Properties were granted consent to
build and operate the stores on land owned by Shotover Park
Ltd in separate decisions released last year.
However, Shotover Park Ltd said the interim decision did not
rule out the two stores because ''this current decision by
the Environment Court is particularly clear that `any consent
granted' to the owners of Pak'n Save and Mitre 10 Mega
facilities 'may be exercised' ''.
''The decision, however, requires a significant amount of
further work to be done by QLDC [Queenstown Lakes District
Council] to provide a coherent planning framework and
identifies the potential for even more mediation and
hearings,'' a statement from Shotover Park said.
Shotover Park is also ''considering opportunities that could
speed up the resolution of PC19''.
The E2 zone has been placed 50m either side of the confirmed
eastern access road which runs through the centre of the land
in question and would be too small for the large stores.
QLDC policy and planning general manager Phil Pannett said
the interim decision was ''pretty close'' to the structure
plan released in 2009.
A residential zone is set among the E2 area bordering the
eastern access road, a retail zone and a yard-based
Mr Pannett said the residential area could have between 600
and 1000 housing units.
Judge Borthwick and the commissioners recognised the area was
one of the last greenfields sites left to be zoned in
Queenstown and ''one of the few areas remaining that has the
capacity to contribute significantly toward the need for
affordable housing at densities not achieved elsewhere in the
A further hearing could be required and counsel for
Foodstuffs indicated in the High Court hearing the company
was likely to appeal the plan change 19 interim decision.