The Post

Shelly Bay plan to be appealed

- Enterprise Miramar chairman Thomas Wutzler

A failed legal challenge against a planned $500 million Wellington developmen­t in Shelly Bay, is being appealed.

In March, Enterprise Miramar challenged the consents granted for the project in the High Court but its applicatio­n for a judicial review was dismissed on April 9.

The Wellington Company and the Port Nicholson Block Settlement Trust plan to develop the Miramar Peninsula site with hotels, 350 apartments and townhouses, a rest home, a ferry terminal, a marina and a cable car link to Mt Crawford.

Among the grounds for the first legal challenge were alleged conflict of interest and a claimed appearance of bias on the part of Wellington City Council, which owned some of the land at Shelly Bay, across the harbour from central Wellington.

When the decision was released, the council said it was a vindicatio­n of the proposed developmen­t and of the council’s planning process.

Yesterday, Enterprise Miramar said it would be taking the Shelly Bay resource consent to the Court of Appeal.

Enterprise Miramar chairman Thomas Wutzler said the High Court case had far reaching implicatio­ns for Shelly Bay, the Eastern suburbs, and the whole of Wellington.

‘‘We are concerned by the flowon effect of the High Court’s decision, as its findings mean the council consenting decisions cannot be challenged for apparent bias/conflict of interests and can only be challenged for actual bias. This decision will impact on resource consent processes throughout New Zealand.’’

Enterprise Miramar was not against the developmen­t of Shelly Bay but wanted it done in an ‘‘appropriat­e’’ way. ‘‘We do not think that this proposal has been well thought through and tested.’’

Wutzler said feedback from the community was that people were worried about infrastruc­ture and how the area was going to cope with the developmen­t.

Eastern suburb residents were finding the existing traffic untenable and the developmen­t of Shelly Bay would make it worse, he said.

The impact on use of the peninsula for recreation was also a concern.

The group was getting ‘‘a huge amount of support’’ for its appeal, he said. He believed that when people realised there was still another chance to alter the outcome for Shelly Bay, more people would get behind the group. It is understood a crowdfundi­ng site will be used to help fund the appeal.

The council’s chief city planner, David Chick, said it was disappoint­ing Miramar Enterprise was taking the court action but was within its rights to do so.

The council was satisfied it had followed good process in terms of its procedures and its interpreta­tion of legislatio­n in granting the Shelly Bay consent, he said.

 ?? MATTHEW TSO/STUFF ?? New Zealand Riding For The Disabled chief executive Chris Hooper with Deano and Archie – two of the fibreglass horses donated to the organisati­on by Colin Gibbs. Hooper said the organisati­on would never look a gift horse in the mouth.
MATTHEW TSO/STUFF New Zealand Riding For The Disabled chief executive Chris Hooper with Deano and Archie – two of the fibreglass horses donated to the organisati­on by Colin Gibbs. Hooper said the organisati­on would never look a gift horse in the mouth.
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collette.devlin@stuff.co.nz

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