The DJ Jones and NR Searell Family Trust applied for consent for a subdivision in Terrace St, Bannockburn and after a hearing in April was granted consent with conditions last month.
The appeal has been lodged by Bannockburn Responsible Development Inc. The chairman of the group, James Dicey, a Bannockburn resident, presented the group’s submission at the hearing.
Mr Dicey said, when contacted yesterday, the group had about 80 supporters, most of whom made submissions to the hearing, and the number of supporters was growing all the time.
In its appeal, the group, which was set up in 2021, opposes the entire decision and wants consent refused.
The 24-lot proposal attracted 38 submissions, 33 of them opposing the development.
The development had originally started as 35 lots but was withdrawn in 2021 after more than 70 opposing submissions were received.
The development would cover just over 17ha immediately west of the Bannockburn Inlet. Of
the 20 residential lots, 12 were said by submitters to be inside the building line restriction (BLR). The BLR was first introduced in 1987.
Commissioners Rosalind Day-Cleavin (chairwoman) and Gary Rae said in their decision much of the hearing revolved around the BLR, which the commissioners considered was the "crux" of the issue.
The commissioners said it was clear to them the BLR had evolved from what was originally a restrictive planning mechanism to what was now part of a policy and rule framework that, rather than seeking to avoid incursions into the BLR, enabled individual applications to be made and assessed.
They said the BLR was not intended to act as an "urban growth boundary".
Under the district plan the line, together with its associated rule, acted as a trigger for assessment rather than preventing development beyond the line.
Mr Dicey said yesterday the decision would make a big impact on Bannockburn and beyond.
"It's going to make a significant and material impact on a whole range of people, including a lot of people who use and enjoy the Bannockburn Inlet," he said.
"They're getting away with plonking houses right over a building line, which is going to have a significant effect both on Bannockburn and on the surrounding community as well."
The group disputed the commissioners’ statements around the BLR.
It said the commissioners on behalf of the Central Otago District Council erred in treating the BLR incursion as a mere restricted discretionary trigger, rather than recognising it as a substantive planning constraint fundamental to preserving visual character, landscape coherence and environmental stability.
Approval of the application set a dangerous precedent, undermining the BLR’s function across Bannockburn and beyond, eroding public confidence in planning protections, the group said.
Mr Dicey said yesterday the group was prepared to go the whole way and he had people behind him. The case might end up in the High Court but they would try the Environment Court first.
"We've got the community behind us, which the commissioners seemed to ignore, which is a bit surprising."
Legal advice the group had received created doubts over the commissioners’ decision,
he said.
He acknowledged there was a touch of nimbyism to the appeal.
"Of course there's an element to that. The impact's going to be on my view or the neighbours' views. They purchased a house with a situation where they didn't expect houses and now they've got houses blocking their view completely.
"I'd be disingenuous if I said there's no element of nimbyism. But all the rest of us have built in compliance with the district plan and not only with the form of the plan but with the spirit of the plan as well."
Environment Court Judge Prudence Steven set a deadline of July 18 to indicate whether the parties would enter mediation or go straight to a hearing.
