Call for ‘whopping’ contribution opposed

The proponents of a retirement village at Ladies Mile say it is not reasonable for them to pay $1.37million towards a future roundabout.

At a resource consent hearing in Queenstown this week to determine the fate of the Queenstown Country Club special housing area, lawyer Warwick Goldsmith  suggested developers Sanderson Group should be asked for a bonded financial contribution to go towards a future upgrade at the intersection of State Highway 6 and Howards Dr.

However, Vanessa Hamm, of Holland Beckett, Tauranga, said there was simply "no reasonable, let alone rational, basis to require a contribution at all" from her clients, let alone the "whopping" figure suggested by Mr Goldsmith. Mr Goldsmith had used a similar situation faced by the developers of Shotover Country Ltd — one of three parties he represented at this week’s hearing — to calculate what he felt was a ‘‘reasonable and appropriate contribution’’.

In Shotover Country’s case, developers fully funded a roundabout at the intersections of State Highway 6, Stalker Rd and Lower Shotover Rd, once the development progressed to a certain level.

However, Ms Hamm said beyond the upgrades proposed by Sanderson Group — increasing the queuing space on the state highway for right-turn movements into Howards Dr, widening the road and providing separate left and right turn out lanes on to Ladies Mile — an upgrade or contribution would "not be reasonable".

"The simple reality is that NZTA required a roundabout at Stalker Rd.  It does not seek a roundabout here."

Part of Mr Goldsmith’s argument was based on the increasing pressure on the State Highway network along that stretch of road, and the need for a roundabout in future to help with traffic flow and improve safety, particularly if other developments or subdivisions came on stream.

Ms Hamm said that was not something the commissioners should take into account.

"This application is not about development on the other side of Ladies Mile which might or might not be revived in the future, and which might or might not be the catalyst for an intersection upgrade, and it must be said that the submissions made by Mr Goldsmith leave my client with the impression that the submissions are nothing more than an attempt to ameliorate what might be a need for others to contribute to or fund an intersection upgrade in the future."

Earlier in the week, commissioner Jan Caunter raised issues with parts of the proposal, including where the developer had placed an outstanding natural landscape (ONL) boundary on the southern end of the site, which was not the boundary identified in the operative or proposed district plans.

In response, Ms Hamm said strategic landscape objectives and policies aimed to protect the natural character of ONLs from the "adverse effect" of subdivision and development.

"In hindsight, the landscape architect’s attention to the ONL should perhaps have been framed in terms of values, rather than where a line should be.

"Even if the current line is used as the reference point, the landscape architect’s evidence is that the part of the proposal within the ONL has no outstanding natural values and, therefore, the values of the ONL are not adversely affected."

Developers were also questioned over the proposed "Boatshed Cafe" being open to the public and the effects of that on elderly residents, particularly in terms of traffic movements.

Ms Hamm said while the commissioners may consider that to be a "folly" which had not been well thought out or properly assessed, it was "not the foolish whim of a developer who has no idea what he is doing".

Sanderson Group chairman Fraser Sanderson  had more than 30 years’ experience developing and running retirement villages, needed to sell houses within those villages and "needs to keep his residents happy".

"He would not lightly propose an amenity which would not work."

Ms Hamm said commissioners, in making their decision, needed to come back to the fundamental principle of the Housing Accord and Special Housing Areas Act (Hashaa) — to enhance housing affordability by facilitating an increase in land and housing supply.

"This proposal represents a real opportunity for Queenstown to secure a high quality retirement village which will be an asset to the community.

"It is strongly supported by Queenstown locals ...  It is urgently needed [and] it is well deserving of consent.

"If consent is not granted, or additional requirements make it unattractive for Sanderson Group to implement, then it will be a lost opportunity."

Commissioners David Mead, Scott Stevens and Jan Caunter  reserved their decision.

tracey.roxburgh@odt.co.nz