KEY POINTS:
The rich and famous will no longer be allowed to fly into Rotorua's Peppers on the Point by helicopter, an Environment Court judge has ruled.
In his reserved decision Judge John Bollard has enforced an abatement notice served by the Rotorua District Council on lodge owners Ron and Jamie Main last September.
Mr Main said yesterday the decision was not unexpected but he had wanted the case argued in a public forum to highlight deficiencies in the council's District Plan.
The case was argued late last month when Judge Bollard heard that Peppers on the Point had broken the bylaw against helicopters flying in residential areas at least 18 times in as many months.
The Mains - who have hosted celebrities and royals including Prince Andrew - said they were not in breach of the council's plan. They believed that limited helicopter access to the site was a necessary part of the successful operation of a luxury resort. They had argued that the District Plan was 20 years old and needed updating.
The property does not have a helipad as such but has an area which can be used for landings. The abatement notice was served after the council received complaints from neighbours including Doug Clemens.
Mr Clemens had told the court the quiet and peaceful character of the neighbourhood had been "greatly affected" by noisy helicopters arriving and leaving from Peppers on the Point and another neighbouring property.
Judge Bollard said he was satisfied that there was a "genuinely held noise issue". He has given the owners of the luxury resort six weeks to inform helicopter operators before the abatement notice will take effect.
Judge Bollard said the decision only related to one area of the property but the council could apply further should the Mains decide to use another area.
He would expect the council to look at the issue of helicopters flying in and out of luxury resorts in residential areas when it reviews its District Plan within the next two years.
However, Judge Bollard said it was not up to him to suggest what the council should or should not do.
Mr Main said the decision would not affect his business because only one guest each month used a helicopter to fly in and out of the lodge.
He said he could ask for a "special review" of the District Plan but he had been told that could cost $100,000.
The council is to review its District Plan in 2009 and Mr Main said he would make a submission then.
Meanwhile, Mr Clemens welcomed Judge Bollard's decision: "It would have been quite outrageous had it been any other decision."
Mr Clemens said if guests such as Prince Andrew wanted to stay at Peppers on the Point they had other ways of getting there.
"He [Prince Andrew] has three alternatives. He can come by boat. He can drive down Koutu Rd and turn into Kawaha Point Rd or he can drive down Fairy Springs Rd and turn into Kawaha Point Rd."
- Daily Post
