Colonial appeal hearing under way
The Colonial Vineyard housing development should have been turned down because of its effects on the Omaka airfield and associated businesses, the High Court was told yesterday.
The Marlborough Aero Club and the New Zealand Aviation Museum Trust are appealing an Environment Court decision giving the proposed Burleigh housing subdivision the go-ahead, because they fear that residents would complain about noise from the planes, leading to curfews and other restrictions that would limit what could be done at the airfield.
Yesterday was the first day of a two-day hearing in the High Court, sitting in Blenheim.
Marlborough Aero Club and New Zealand Aviation Museum Trust lawyer Quentin Davies told High Court judge Lowell Goddard that the Supreme Court decision on New Zealand King Salmon's expansion application earlier this year meant that "directive policies should have directive outcomes".
A "balancing" between good and bad aspects of a proposal was rejected by the Supreme Court, Davies said.
He submitted the Environment Court had failed to apply two policies, the regional policy plan and the Wairau Awatere Resource Management Plan, which the plan change must not be inconsistent with.
"Applying the Supreme Court's decision in NZ King Salmon it is submitted that both these policies create bottom lines. In other words, if the plan change does not give effect to these policies, it cannot be approved."
Davies said the Colonial Vineyard application said it sought to avoid any constraints on Omaka airfield and provided for ongoing present day and future operations.
However, the Environment Court accepted it would have effects on Omaka, he said.
He argued the plan change to allow housing at the Colonial Vineyard site should be declined because the plan change failed to avoid noise effects that would impact on the airfield, breaching bottom lines in the regional policy statement and plan, and it compromised the Marlborough District Council's ability to achieve integrated management and strategic integration.
Colonial Vineyard is 21.7 hectares of flat land planted in sauvignon blanc grapes, bordered by Richardson Ave, New Renwick Rd, and Aerodrome Rd in Burleigh.
The syndicate owning Colonial Vineyard applied to the council to change the land's zoning from rural to residential in 2011.
Colonial Vineyards lodged an appeal with the Environment Court in September 2012, after the council rejected its private plan change.
The appeal was heard in September last year, and the Environment Court ruled in its favour in March. email@example.com
- The Marlborough Express
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