Objectors lose Kinloch bid

Eight months after they took a case to the Environment Court, five objectors have lost their battle to stop a road closure in the tiny township of Kinloch, at the head of Lake Wakatipu.

• Costs amount to tens of thousands

In a judgement dated March 11, Environment Court Judge Lawrie Newhook backed the Queenstown Lakes District Council's application to stop portions of Kinloch Rd and Jura St for the benefit of the adjacent Kinloch Lodge.

Five Kinloch property owners, Ruth Rivett, Neville Bryant, Rob Singleton, Verdon Affleck and Peter Whyte, represented themselves in the Environment Court, first in July and then in September last year, when they objected to the QLDC's application under the Local Government Act to partially close portions of the streets in the settlement, located beyond the Dart River, on the way to the Greenstone Valley.

The council applied to partially close the roads to provide an opportunity for Kinloch Lodge to expand its restaurant "in a manner sympathetic to the heritage values of the lodge".

The partial closure of the two roads was requested by the owners of Kinloch Lodge, John and Toni Glover, to undertake restoration work on Kinloch Lodge, described by QLDC in its application as a district plan category two heritage feature.

The area of Kinloch Rd to be partially closed, and currently used by the lodge as its front garden, was presented in the council's application as being "of high landscape contextual value, important in providing an open landscape setting and enhancing the heritage values of the lodge". The council sought formal protection of this open space as a local purpose (historic) reserve.

It also was the council's view, expressed through submissions and evidence in the Environment Court, the partial stopping of the roads would not adversely affect traffic in Kinloch.

The proposal to stop the roads attracted 17 submissions, most in opposition, which required the matter to be heard in the Environment Court.

Judge Newhook's decision endorsing the council's view was welcomed by co-owner of the lodge John Glover.

Mr Glover said he was pleased by the finding in the Environment Court, which would allow him to purchase the closed section of Jura St and protect the garden setting of the lodge fronting on to Kinloch Rd.

He said he had long-term plans to rebuild the lodge restaurant which required the closed portion of Jura St to allow for a building consistent with the historic value of the lodge.

Closing the portion of Kinloch Rd at the front of the lodge, and vesting it as reserve, "tidied up the land always used as part of the lodge. It links the setting of the garden and the lodge," he said.

In opposition, Mrs Rivett said she was "extremely disappointed" with the court's decision, which she had not expected would allow the council to close a full 12m of Jura St, leaving just 6m for traffic to pass through.

The full widths of Jura St and Kinloch Rd were needed to cater for future traffic, she said.

"I am sure they [the council] will live to regret this," she said.

Mr Whyte, who lives in Kinloch, across the road from the lodge, was similarly disappointed with the closures and felt unhappy about the process. While he would do it all again, he felt the case had been a waste of money.

"I reckon they [the council] spent $100,000 on stopping Jura St. Why didn't they spend the money on the town?"

He questioned the need to close the road for private benefit.