Neighbouring landowner Alps Investment Ltd (AIL) has appealed the commissioners' decision to approve the Otago Foundation Trust Board and Wakatipu Community Presbyterian Church's plan to subdivide rural general-zoned land on the Frankton-Ladies Mile Highway.
The proposal is for two residential building platforms, a church and an indoor court.
Commissioners David Whitney and Rachel Dimery were satisfied the proposal would have ``substantial positive effects'' which outweighed any adverse effects associated.
However, AIL lawyer Graeme Todd has appealed the decision.
The notice of appeal said AIL believed the council had ``erred'' in its interpretation of the operative district plan by finding rules in the plan did not require provision for a future road link through the applicant site to their site.
During last year's resource consent hearing, Mr Todd, on behalf of AIL, opposed the application primarily because future internal access from his client's site was not contemplated in the church plans.
Access to the church site was about 70m west of the Hawthorne Dr roundabout - proposed to be moved further west - and access to Alpine Investments' site was further west again.
At the hearing Mr Todd said the NZ Transport Agency indicated a raised median strip from the roundabout would be extended past the church's relocated access to avoid right-turn movements being attempted across the state highway, which would also prevent Alpine Investments from making a right-turn out.
If his clients commercially developed their site, the existing access would not be suitable and there was no provision for an alternative.
The notice of appeal said a road link through the church site was ``the only feasible option'' and the council ``incorrectly concluded'' adverse effects on AIL in respect of access, parking and traffic would be ``no more than minor''.
The church and indoor court were proposed as the first of two stages of development - the second stage, consent for which has not yet been sought, contemplates the construction of short-term accommodation, affordable housing for young families and independent living units for seniors.
The appeal notice said the commissioners' decision assumed if the second stage of the development proceeded, there would still be an opportunity for a connection to be made available to AIL's site.
``However, there is no guarantee that part two of the development will ever proceed.''
If the second stage did not occur, the provision for interim access to the application site would result in adverse effects on AIL which would be more than minor, Mr Todd said.
AIL sought for the resource consent application to be declined and an order for costs.
