KEY POINTS:
A man objecting to helicopter landings at a luxury lodge in Rotorua has hit back at claims that he is the only neighbour to complain.
Doug Clemens, a lawyer who lives at Kawaha Pt, yesterday provided the Herald with a list of 32 locals who had signed a notice saying they opposed helicopters landing in residential areas.
He supplied the list after a report in the Herald in which Ron Main, owner of the Peppers on the Point lodge, accused Mr Clemens of being the catalyst for court action he now faces for allowing helicopters to land at his lakeside property.
Under Rotorua's district plan, helicopter landings are prohibited in areas zoned residential, including Kawaha Pt. But Mr Main argues the district plan is antiquated and that helicopters cause minimal disruption, landing infrequently and flying to the lodge from Lake Rotorua rather than over houses.
He said apart from Mr Clemens and his wife, no one at Kawaha Pt objected to the landings, which he had stopped four months ago but believed should be allowed to continue to serve his wealthy clientele.
However, the Rotorua District Council disagrees and, after repeated warnings to Mr Main, is seeking an enforcement order to stop the landings.
Mr Main's lawyer, Murray McKechnie, said about 20 neighbours had signed a letter of support for Mr Main to continue the landings, with Mr Clemens and his wife being the "one conspicuous exception".
But Mr Clemens said it was "ludicrous" to suggest he was the only one who had complained. The council had evidence of other complaints and the objections list was compiled after a quick canvass of neighbours.
"If we wanted to listen to helicopters and planes, we would have bought a property over by the airport," he said.
Mr Main, meanwhile, has hired a professional planner to provide evidence opposing the council's application for an enforcement order.
In an affidavit filed with the Environment Court, senior consultant planner John Sholl argues that with the listing of helicopter landings as a prohibited activity under the district plan, Mr Main is unable even to apply for resource consent to conduct the landings as a discretionary activity.
"The district council needs to take into account the fact that Rotorua is an important tourist destination and make provision for all types of transportation, including by helicopter, which is a form of transportation sought by international tourists, particularly those on a tight schedule," Mr Sholl's affidavit says.
He notes that the Tauranga City Council allows resource consent applications for discretionary activities in every zone, including residential ones.
The matter is due to be heard in the Environment Court on Monday.