A proposed high profile rural subdivision won't be further contested by the Queenstown Lakes District Council chief executive Duncan Field said.

The Court of Appeal issued its decision in June that the Council's appeal against Hawthorn Estate was dismissed. The subdivision is for 32 lots on 34ha bounded by Lower Shotover, Domain and Speargrass Flat Roads.

In the wake of the Court of Appeal decision the Council needed to resolve whether it would appeal to the Supreme Court, having already lost its case in both the Environment and High Courts.

"The Council has resolved to decline to take any further appeal regarding the Hawthorn case," Mr Field said.

The Council maintains the view that 32 units in the rural vicinity is excessive but the courts held the view that the area had already been diminished by existing, surrounding development.

"We had arguments for and against taking this further. We have always maintained that this subdivision sets a precedent," Mr Field said.

However it was possible the Council may find it difficult to obtain leave to appeal to the Supreme Court and it was still possible that the clarification the Council was seeking would not be forthcoming in a Supreme Court decision.

"It would have been irresponsible for the Council not to pursue this particular case, given the importance of the landscape in question and the significant public interest," Mr Field said.

"The law under which this case was decided has changed. The Council is of the view that it would be better to learn from this case and go on to test new provisions and focus on future cases," Mr Field said.

ENDS

For further information please contact Duncan Field 03 441 0499.

By: Sarah