Olive Leaf centre appeal fails in Environment Court

17 OLive Leaf building

By PETER OWENS

Supporters of the contentious Olive Leaf building proposed for Arrowtown have lost an Environment Court appeal, six years after applying for resource consent.

The Olive Leaf Centre Trust appealed a decision by independent planning commissioners in 2020, turning down its proposal for a multipurpose parish and community centre on land beside St Patrick’s Catholic Church in Hertford St.

After a week-long hearing in May, Judge Prudence Steven and Commissioner Kathryn Edmonds released the decision on October 30. There is concern at the time gap between the hearing in the Environment Court and the delivery of its decision.

The decision stated that the proposal would likely have significant adverse effects on the “openness and spaciousness” characteristic of the church’s heritage values, and on the church’s “primacy” on the site. According to the court’s decision, the proposal was contrary to the proposed district plan’s historic heritage provisions and the Arrowtown Residential Historic Management Zone, as well as being “overly complicated”. The decision did not address what it meant by “overly complicated”.

It said that the design lacked “recognisable built form elements that draw on the historic character of the site and its context”. The building, designed by Queenstown architect Fred van Brandenburg, has divided opinion since its unveiling about seven years ago.

After the trust’s application was publicly notified in 2018, it attracted 368 submissions, with 218 in support and 150 opposed.

In 2020, independent planning commissioners said that the design was “remarkable”, but its scale, form and layout were inappropriate for the site and streetscape. Parishioner Mr van Brandenburg said that the proposal’s supporters would need time to consider a legal analysis of the decision and look at their options, which included appealing to the High Court or submitting a revised consent application.

The Gaudi-inspired building, designed by Mr van Brandenburg, divided opinion within and outside the township after it was publicly notified in 2017. The proposal was the subject of a three-day resource consent hearing.

In accordance with the usual formula where an application has been rejected, the appeal was referred to an Environment Court-appointed commissioner, to arrange mediation between the trust and the Queenstown-Lakes District Council.

While the district council’s planning and strategy committee discussed the issue at a recent public-excluded meeting, it has so far declined to make any comment.

However, the chairman said some time ago that the trust has most sincerely accepted the prospect of mediation. He said that the trust has no intention of upsetting the local Arrowtown Community. Indeed, he described the proposed Olive Leaf Building as being a valuable community asset.

Knowing there would be substantial opposition, the trust had originally wanted to go directly to the Environment Court. Undeterred by the finding, they filed an appeal with the court.

 

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