Strict noise rules for contentious new Roys Peak Lodge as permission granted to build
Roys Peak is one of NZ's marquee spots but it has "at least a limited capacity to absorb change", planning commissioner Bob Nixon said in his decision.
Auckland couple Gavin and Jaquetta George have permission to build their Roys Peak Lodge in outstanding natural landscape on Mt Aspiring Road, west of Wanaka.
Independent commissioner Bob Nixon's decision was released on Wednesday and contains conditions to manage noise, lighting, landscaping and traffic access to the site, near Waterfall Creek.
Nixon said noise effects had emerged as the "single-most contentious issue".
Bob Nixon said in his decision there could be no more than four weddings in a calendar month at the lodge.
He ruled the George development was not the "tipping point" to decline development on visual and landscape effects, but suggested if proposed amendments to the Queenstown Lakes district plan were adopted and applied to this case it might have been harder to get consent.
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"Were these provisions beyond challenge, and were applied in conjunction with non-complying status for building within the outstanding natural landscape, I consider it would be more difficult for applications such as this to succeed, and probably even more so for rural dwellings," he warned.
A location plan of the proposed site of Roys Peak Lodge, Wanaka
Roys Peak Lodge was "assisted" because it was associated with recreation rather than residential occupation and was in a location "which has at least a limited capacity to absorb change," Nixon said.
The consent means the Georges can build a two-storey lodge with nine rooms and a main meeting room to provide year-round accommodation and coaching packages for special interest sports groups.
A secondary use is an event and wedding venue for up to 50 guests, restricted to 26 events a year.
Part of the George property, as viewed from the Glendhu Bay Track/Te Araroa Trail.
Conditions prohibit the use of tents and marquees.
There can be no more than four weddings in a calendar month, between 10am and midnight.
Noise conditions limit outdoor speakers to no more than four, there are to be no amplified live bands or DJs and non-amplified music lacking heavy percussion is permitted.
They can also build a farm shed, create carparks, and do landscaping.
Four neighbours and the Upper Clutha Environmental Society opposed the development.
Nixon noted most neighbours were "not opposed to a building on the site per se - indeed it appeared that an eventual proposal to construct a dwelling on the site was seen as virtually inevitable. Rather, the concerns of the submitters were primarily focused on the proposed undertaking of events on the site, not visual impacts," he said.
Nixon said he had to "be careful" comparing the event and wedding activities to similar activities approved at Glendhu Bay in 2014 and at Corbridge Downs in 2016, but he noted the Georges' guest numbers were "considerably smaller" than those approved in the other two cases.
The Georges reduced their proposal from 100 guests to 50 in the period between receiving submissions and the public hearing late last year.
Nixon's decision identifies an ambiguity in the district plan as to whether a wedding is a temporary activity, requiring only discretionary consent.
Planners and lawyers disagreed about the status of the function centre at the hearing and Nixon said it was "an important difference of opinion".
"It is apparent to me that the district plan provisions relating to temporary activities have resulted in different interpretations within the council itself, between the council and the applicant, between different planners, and submitters . . . [the provisions] are extraordinarily liberal and would allow activities of greater potential and scale and intensity than many permanent activities . . . such as the Wanaka Triathlon, the Gibbston Music Festival or the Queenstown marathon, for example," Nixon said.
He decided a wedding function centre was not a temporary activity and treated the George proposal as a non-complying activity, attracting the most conservative provisions in the rule book.
"I hasten to add this is not because I consider that events and weddings have unacceptable adverse effects, but rather because their character is different to events contemplated in the operative district plan such as market days, shows, galas, etc . . . A conservative approach is justified for want of caution, should I have wrongly concluded that the activity was discretionary," he said.
Nixon decided to give less weight to an opposing submission by Trilane Ltd (Whare Kea Lodge), as it was a trade competitor.
Trilane was worried about noise effects but had consent for helicopter landings up to 12 times a day, with the Georges' lawyer, Jan Caunter, pointing out the area did not enjoy a quiet rural environment.
Nixon also said it would be "arguably fanciful" that the George application would create a development precedent for that particular area near Waterfall Creek.
"In this location, there could be potential for further dwellings, but whether or not these be granted would depend critically upon whether a landscape assessment determined that the ability of the location to absorb more development had been reached - a "tipping point'. That would be a matter of fact and degree depending on the proposals put forward," Nixon said.
Nixon noted in his decision the neighbouring Dippie property was going through the resource consent process.
Wanaka developer Allan Dippie wants to build a house and swimming pool near Waterfall Creek.
When submissions closed with the council on January 16, there were two opposers noted on the council edocs website: the Upper Clutha Environmental Society and Craig Werner, of Dunedin.
- Stuff
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