Ballantyne Barker Holdings Ltd v Queenstown Lakes District Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

17/10/2017

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

(Excerpt from judgment)

[1] Ballantyne Barker Holdings Limited ("BBHL") owns 48 ha ("the site") on the eastern side of the Cardrona River, immediately north of Ballantyne Road near the town of Wanaka. The site is deer-fenced paddocks with a few farm buildings, shelter belts and attractive amenity planting and a scraggly stand of Eucalyptus' trees in the south-eastern corner.

[2] On 24 August 2016 BBHL applied to the Queenstown Lakes District Council ("QLDC") to subdivide the site, being Lot 8 DP 27696 (Otago Land Registry) into eight "rural living" allotments of varying sizes between 0.8 to 1.06 ha with a much larger (ninth) balance allotment of 39.88 ha. Eight building platforms were identified on the smaller lots, and a ninth for a manager's house on the balance lot.

CASE DOCUMENTS

Ballantyne Barker Holdings Ltd v Queenstown Lakes District Council [2018] NZEnvC 181