Group’s appeal seeks land use planning study

A Wanaka environmental protection lobby group has lodged a High Court appeal, which could change the way development is controlled in the Upper Clutha Basin.

Upper Clutha Environment Society president Julian Haworth said it was the first time in 25 years the society had lodged an appeal in the High Court, "and we are not going to back off".

On December 19 the Environment Court handed down its decision concerning appeals to Topic 2 (Rural Landscapes’ provisions) of Stage 1 of the Queenstown Lakes District Council Proposed District Plan.

Mr Haworth said on Friday afternoon the society lodged its High Court appeal over four points of law but primarily it wanted the Queenstown Lakes District Council to commission a land use planning study similar to the one conducted in the Wakatipu Basin.

That study advocated a minimum 80ha lot size in parts of the Wakatipu Basin rural zone to restrict rural subdivision and development and protect the special character of the

area.

Mr Haworth said the December 19 Environment Court decision ordered the council to carry out some partial landscape analysis in the Upper Clutha Basin but he believed the rules attached to that would not be effective.

"It still allows the council to retain a discretionary regime and that doesn’t work.

"We want a much more directive non-discretionary regime which was introduced to the Wakatipu Basin following the land use study there."

He said the society was not opposed to development in rural areas, but wanted "clever development" where the vast majority of the rural character landscapes were protected.

In the decision, the Environment Court judge, sitting with two commissioners, noted the Proposed District Plan Hearings panel had made a recommendation to the council to commission a land use study for the Upper Clutha Basin but the council had elected not to take it up.

Mr Haworth said the society was "really unhappy" the council had ignored the recommendation and the society had no choice but to take the matter to the High Court.

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