Not much work on the endlessly contested Frankton Flats plan
change can be done by the Queenstown Lakes District Council
while the verdicts of two High Court appeals are yet to be
This was the summing-up yesterday, when the council's
strategy committee officially received the interim decision
of the Environment Court on plan change 19, dated February
Council policy and planning general manager Philip Pannett
told councillors the agenda item attempted to digest the
300-page decision and outlined the work needed before the
plan could become operative.
The decision established the structure plan for the zone and
the council's objectives and policies were adopted for the
most part, with changes to do with infrastructure and and
Mr Pannett said the court put the council back in the lead
role, which was not surprising, as it was a council plan
High Court appeals against the interim decision, by Shotover
Park Ltd and Foodstuffs South Island Ltd, which operates
Pak'n Save, were still to be heard.
''The question to the court is, given those appeals, what do
you now expect?'' Mr Pannett said.
Council staff may be able to work on the plan as it related
to large lot size industrial activities, but not the light
industrial showroom retail activities proposed by Shotover
Park without the security of a court verdict.
''While it's frustrating, it's the nature,'' Mr Pannett said.
The council was required to review the decision, confer with
parties and file a reporting memorandum by April 5.
In reply to questions from councillors about how long
Frankton Flats had been embroiled in litigation, Mr Pannett
said plan change 19 was publicly notified in 2007.
However, the council was first approached by a then landowner
to rezone part of the flats 20 years ago.
The consulted parties, submissions, variations, appeals and
hearings had all been swept up into plan change 19 ''and we
still wait'', Mr Pannett said.