The Threepwood development extends across the flat area
beyond the southern shore of Lake Hayes.
A long-standing dispute between the developer of a
subdivision at Lake Hayes and a neighbour - which has cost both
parties hundreds of thousands of dollars in appeals - appears
to be over.
An Environment Court decision from Judge Jon Jackson, dated
March 25, said the court had withdrawn the appeal from Fred
van Brandenburg against Meadow 3 Ltd (Threepwood), there was
no order for costs and the file should be closed.
When contacted by the Otago Daily Times, Meadow 3 Ltd
director Jim Boult confirmed the appeals had been withdrawn
and the development was now able to proceed.
Mr Boult said he was unable to provide any further comment,
other than to say he was "happy" the issues had been resolved
and was "now looking forward to completing the job".
The 200ha, 41-section Threepwood development is situated
south of Lake Hayes, off State Highway 6.
Before sales were stalled in 2007 as a result of court action
by Mr van Brandenburg, roughly half the sites had been sold.
In 2007, the court found Meadow 3 Ltd had felled and limbed
trees on the site in contravention of its land-use consent.
However, the court allowed Meadow 3 to apply to vary the
land-use and subdivision consents to remedy its
One variation was to allow certain landscaping to be carried
out to mitigate the effects of the felled and limbed trees;
the other was for boundary adjustments to vary the
subdivision consent and to have mounts constructed east of
the limbed trees.
Last year, Meadow 3 was granted the landscape variation, but
in November Mr van Brandenburg filed a notice of opposition
appealing that decision.
In his written submission, Mr van Brandenburg told the
Environment Court the matter had "gone on long enough", but
he had taken a "personal interest" in it because he believed
he was "in a good position to deal with these matters".
However, he had "certainly not" done it for his own
"It has cost me many hundreds of thousands of dollars in
fees, costs and time in lost income ... not to mention other
significant damages in lost friendships from other quarters."
He said he had acted for the "silent majority . . . ignorant
to the consequences of what is to follow now that the trees
have been removed".
"Nor would they know how to go about taking the action that I
have on their behalf to protect this view as one of the most
photographed views in New Zealand."
The ODT understands matters between the parties are finished.