Threepwood will also not get an earlier court hearing than May next year.
Judge Jon Jackson issued his decision on Meadow 3 Ltd's appeal yesterday, following a hearing in the Queenstown District Court on December 3.
The judge said the appeal by Lake Hayes resident Fred van Brandenburg, the sole opposer, against Meadow 3's earthworks consent related to tree compliance heights and placement, the apparent lack of tree protection and height and extent of earth mounds.
The judge noted Mr van Brandenburg was not calling for the application to be declined.
Mr van Brandenburg submitted the mitigation measures were inadequate in screening the development to the same effect as the trees felled or limbed up by Meadow 3 in 2007 and he wanted higher mounds and taller, denser planting.
"If the proposed mounds are constructed prior to the hearing, it will be of assistance to the court in determining their effectiveness and in assessing the extent of planting and growth necessary to provide adequate mitigation of the development," Judge Jackson said in his interim decision.
Meadow 3 was to identify what elements of the proposed development should begin before the court's final determination.
The memorandum would be circulated by the court to Mr van Brandenburg and the Queenstown Lakes District Council's solicitor Jayne Macdonald.
Meadow 3 was denied its application for a priority Environment Court fixture.
Judge Jackson said a reason for the development's long legal history since 1998 was its applications to remedy its breach of its land use consent over the felled trees.
The judge rejected Meadow 3 director Jim Boult's allegation Mr van Brandenburg's appeal was motivated by personal animosity as having no evidence.
Judge Jackson said Mr Boult's comments the interest costs on the project were $150,000 per month and there was no cashflow to fund development were a "purely private concern" and did not justify deferring other cases where applicants might have similar costs.
