Proponents of the $20 million motorsport park in Cromwell told an Environment Court hearing in Queenstown yesterday that sporting events were permitted temporary activities in the Central Otago District Plan and were not required to comply with noise standards.
Solicitor Phil Page said noise was the only issue raised by opponents and evidence would be submitted that the issue "is something of a red herring".
Mr Page was making his opening submission for applicant Cromwell Motorsport Park Trust Ltd (CMPT) to Judge Laurie Newhook, of Auckland, and commissioners Charles Manning and Sheila Watson.
Sixteen Cromwell residents, represented by Gillian Clarke, have appealed an earlier decision by an independent commission to approve the park.
The Central Otago District Council is represented by Graeme Todd.
The proposed park is on rural zone land, 3km west of Cromwell, between the cemetery and chafer beetle reserve.
The Central Otago District Plan allows for 50dBA of noise during the day and 40dBA at night.
Mr Page said his evidence would show that only motor-racing activities using cars with modified exhausts would breach the rural zone noise limit.
While motor racing activities have no noise limits, CMPT directors were obliged to avoid "unreasonable noise" and had "very reluctantly" agreed to a three-stage reduction of race days from the maximum, resource-consent approved total of 48 race days per year.
Years one to four would have up to 20 race days; years five and six, up to 24; and year seven and onward up to 28 a year.
Mr Page said the gradual increase reflected the anticipated start-up pattern and residents "would be comforted by the development being not as bad as they thought".
The applicant's counsel submitted that motor racing was a permitted activity because the district plan does not control temporary sports events.
"If the court accepts that motor racing as proposed is a permitted activity then that is the end of the appeal," Mr Page said.
The proposed racing would not be a commercial recreation activity, he said.
"The proposal is that CMPT will not itself run motor racing events - it is a community activity hosted by clubs affiliated to Motorsport New Zealand.
"Hosting the event is not a profit-making activity."
Judge Newhook asked Mr Page where he would draw the line between a temporary and permanent activity.
Mr Page said commissioner Michael Parker accepted 12 race meetings a year as temporary and that a hypothetical sawmill working on the site with its associated noise would be permanent.
Judge Newhook said it sounded like CMPT would operate on a calendar of events but the dates might shift around the year.
The judge and commissioners are scheduled to inspect the site this morning then return to court in the afternoon.
Miss Clarke said the appellants offered to rev the engines of stationary vehicles when the panel visited the site to suggest the level of the noise the appellants were concerned about.
Judge Newhook said the panel would not visit to take measurements or have evidence created.
"We should focus on acoustic evidence [from experts] and the knowledge and experience of court members about the quality of noise."
A video link with the appellants' psychologist in New York, who specialises on noise impacts in communities, is set for tomorrow.
