An Environment Court decision which ruled against a proposed amusement park opposite Wanaka Airport will be appealed to the High Court.
Neighbours of the entertainment facility proposed for the corner of State Highway 6 and Mt Barker Rd by Wanaka couple Ross and Judith Young and their son Eamon were successful in their appeal to the Environment Court, which released its decision upholding the appeals last week.
The Youngs' lawyer, Jan Caunter, said yesterday she would be lodging an appeal to the High Court within the next couple of weeks for her clients, who were ''very disappointed'' with the Environment Court decision.
Ms Caunter especially noted the decision's unusual outcome, in which the two commissioners ruled in favour of the appellants and held the majority judgement, while Judge Jon Jackson dissented and recommended the Queenstown Lakes District Council's 2010 decision granting consent for the development be confirmed.
''It's a very unusual situation we've got, to have a judge on his own. I've never had this experience,'' Ms Caunter said. 2013-05-16 05:27:00''Every person I've spoken to that works in the same area as me has not been able to come up with another example of this.''
The amusement park proposal featured karts, bumper boats, 10-pin bowling and a cafe. Neighbours Ulrich Staufenberg and Jeffrey and Margaret Feint believed the park would adversely affect the rural experience of the area and set a precedent for future commercial development.
Commissioners John Mills and Heather McConachy agreed, but Judge Jackson believed any minor adverse effects were appropriately mitigated and a volunteered covenant guarded against further development.
Ms Caunter hoped a High Court decision would be reached within the next six months. A High Court appeal can only be considered on points of law, rather than considering the merits of the application again.
