Roys Peninsula landowner Greg Marler is pleased he has won the right to build a house overlooking Lake Wanaka, but his five-year battle with the Upper Clutha Environmental Society is not yet over.
Mr Marler told the Otago Daily Times yesterday he felt justified and vindicated by the decision released on Friday by Queenstown Lakes resource consent commissioners Peter Salmon QC of Auckland and Jane Taylor of Queenstown to grant dwelling consent to the Matukituki Trust, subject to a wide range of conditions and restrictive covenants.
Many of the covenants relate to undertakings made during the hearing regarding an ecological restoration programme, land use, prevention of subdivision and the number of farm buildings on the 108ha block of open pasture on north arm of the peninsula.
One of the conditions includes the requirement to remove telecommunication structures on the peninsula at the end of an existing contract with the mast owners.
Mr Marler predicted the environmental society would appeal, the case would probably end up in the Environment Court next year and he may not be able to begin realising his dream until at least the end of next year.
"Although it will be subject to appeal, I am still quite pleased.
"This thing's been through two council hearings, Environment Court hearings, a High Court hearing and now we've got a former High Court judge and a senior commissioner look at this thing and they've given it the green light.
"We feel somewhat vindicated, given there has been much introspection," Mr Marler said.
Society chairman Julian Haworth confirmed, when contacted yesterday, the society would be "extremely likely to appeal" and would be instructing Wanaka lawyer Chris Steven.
"We want it on another location. We are not opposing it outright. Let's be clear about that.
"But we don't want it on the top of an ONL (outstanding natural landscape). We think it will set a precedent.
"If he wants a castle on the top of the most prominent hill he can find, he's going to get a fight all the way from the environmental society," Mr Haworth said.
