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A judge has approved Wellington City Council’s handling of the $ 500 million Shelly Bay development.
The High Court decision, released Wednesday afternoon, means that developer Ian Cassels has effectively faced opposition from filmmaker Sir Peter Jackson, a local business group, and a group of councilors who were voted with a majority against. development, but then voted in favor. that.
It is understood that the only obstacle now in the way is the continued occupation of the site by a group opposed to development.
The Enterprise Miramar Peninsula business association took the city council and developer The Wellington Company to court to request a judicial review of the handling of the controversial development.
It was a challenge to consent given in October 2019, after having been previously vetted by independent commissioners, for the planned $ 500 million coastal development, which would include more than 350 homes and places to shop and eat.
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The central argument of the Enterprise Miramar case was that the independent commissioners did not adequately consider the narrow and winding road to the Miramar Peninsula site and its ability to cope with the anticipated increase in traffic.
In a statement, Enterprise Miramar said it was “really disappointed.”
Ross Giblin / Stuff
Occupants in Shelly Bay
“Our experts say that this development will have a major impact on traffic on the Peninsula and that Shelly Bay Rd will not be safe for cyclists, runners and walkers and that is why we took the case,” said the business association.
“The council will need to address safety and traffic issues going forward, and our members, who are all taxpayers, will have to pay for it.”
The Wellington Company development, led by developer Ian Cassels, has spent years mired in discussions and legal disputes over land deals, with some opponents complaining about the council’s preferential treatment.
ROSA WOODS / Things
Developer Ian Cassels says he was not surprised to find that the court upheld consent to the appeal. (File photo)
Cassels said she hoped court review would work that way.
“The process was thorough and well done, so we were not surprised to find that the court supported consent to recourse,” Cassels said.
The development would make a big difference to Wellington’s livability, and they were not far from starting construction, he said.
More recently, a land occupation began on the site by members of Mau Whenua, a majority Taranaki Whānui group who claim that the Wellington iwi sold most of the land to Cassels without mandate from its members.
KEVIN STENT / Stuff
The United Tribes flag over the old guards’ hut at the entrance to Shelly Bay, which has been occupied by Mau Whenua.
They have promised to stay there for years if necessary.
In a reserved finding, released Wednesday by the Superior Court, the request for judicial review was dismissed.
The decision indicated that it could reasonably be concluded that “there would be sufficient and adequate road infrastructure to support development.”
FELIX DESMARAIS / Things
Shelly Bay from the air.
A spokesperson for the council said it had not yet had time to consider the decision in depth.
It was the second time that Enterprise Miramar challenged consent for development resources. In 2018, it forced a reconsideration.
Most of the councilors elected in the last local body elections said they would oppose the development, as it was at the time. But, when the vote was cast to sell council land on the site to Cassels in late 2019, it passed nine votes to six.
Wellington Mayor Andy Foster had long opposed development. He has been contacted for comment.
Ross Giblin / Stuff
Sir Peter Jackson, right, supported Andy Foster’s successful bid to become Mayor of Wellington.
In November, Paul Radich, QC, on behalf of The Wellington Company, told the court that the road was not ideal, but argued that 90 percent of Wellington’s roads would not pass the same test.
He specifically spoke of the south coast of Wellington and the road to Eastbourne in Lower Hutt, both of which had more traffic than expected on the road to Shelly Bay.
Various reports had been compiled showing that the road would be suitable. These had been provided to commissioners who consented to the resources, he said.
However, Enterprise Miramar attorney Matthew Smith argued that traffic on the road to Shelly Bay would worsen. The group had evidence that vehicle movements from 2,000 to 2,500 per day were projected to increase to 6,000 to 6,500 per day, he said.
Smith said no traffic expert had told the panel that the effects would be only minor. If the experts did not reach that conclusion, the panel could not do so either.
– Additional information from Mandy Te
