Independent commissioner Denis Nugent "erred in law" over a range of issues when he granted resource consent for aspects of the proposed Clutha Gold cycle trail, an appeal against his decision says.
The appeal, lodged with the Environment Court in Christchurch this week by the Society for the Promotion of an Alternative Trail (Roxburgh Hydro to Lawrence), was against Mr Nugent's consent decision "in its entirety". It said the consent should be cancelled.
The proposed Clutha Gold Trail will run from the Roxburgh dam to Lawrence. Consent granted to the Clutha Gold Charitable Trust by Mr Nugent last month applied only to the section within the Central Otago district, from the dam to Beaumont, where the trail will follow the true left bank (east) of the Clutha River, mostly on marginal strip.
The consent was for the structures associated with the construction, operation and maintenance of a walking and cycling track. In particular, 11 horizontal signs, each with a maximum area of 3sq m, for interpretation of items of interest along the trail, one kiosk sign in Millers Flat and three culverts.
Consent was not granted for the track's construction, as the trust did not apply for it, because it did not think it was necessary. At the hearing in February, Mr Nugent found any earthworks or vegetation that required clearing as part of the track's construction would require a consent "severable and distinct from the activity of use of the trail itself".
The society disagreed and, in its appeal, said Mr Nugent made a mistake in not bundling together the effects of the structures and the effects of the trail itself.
The appeal also questioned whether there was adequate information to assess the effects of the proposed structures and the trail's location. The society asked how, despite noting in his decision "there was a lack of information that could be used to assess the effects of those structures", Mr Nugent could grant consent.
Mr Nugent was also wrong when he found the effect on the environment of the cycle trail would be no more than minor. That decision did not adequately address the adverse effects of the proposal on the visual amenity values, rural amenity values and geological and flood hazards, it said.
As part of the appeal, the society has agreed to take part in mediation or an alternative dispute resolution process to find an outcome suitable to both sides.
The Central Otago District Council, which appointed Mr Nugent to hear the consent application, has been named as defendant in the case.
No date has been set for it to be heard by the Environment Court.
