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Opponents of the massive redevelopment of Wellington’s former Shelly Bay defense base say the effect on traffic and infrastructure was not adequately considered in the resource consent process.
The Enterprise Miramar Peninsula business association has asked a Superior Court judge to review the independent hearing panel’s conclusion that the effects of traffic would be “no more than minor” and that the area’s roads could cope.
In a hearing that began in Wellington on Monday, Enterprise Miramar challenged consent granted in October 2019 for what was planned as a $ 500 million development with more than 350 homes and places to shop and eat.
Enterprise Miramar Peninsula had evidence that traffic in the area would worsen and vehicle movements from 2000-2500 per day were projected to increase to 6000-6500 vehicle movements per day, its attorney Matthew Smith told Judge Cheryl Gwyn.
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Smith said no trafficking expert told the panel the effects would be only minor.
If the experts didn’t come to that conclusion, the panel couldn’t either, he said.
The panel’s reasoning did not support that and neither did the information presented to the panel, he said.
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A sign near the Miramar cut highlighted the expected increase in traffic around Shelly Bay Rd. (File photo)
The panel did not have a compelling basis for its conclusion, Smith said, and the focus had to be on the panel’s decision and whether it went beyond the expert’s evidence.
The road to Shelly Bay was narrow and winding, and users included walkers and cyclists. Details for the road and a 1 meter 1.5m wide walking and biking trail have not yet been developed, Smith said.
There were already practical problems squeezing cars and bicycles out of the road, and the scale of that would increase significantly.
The panel’s decision said that if security and functionality were compromised, further improvements or speed limits could be imposed.
Ross Giblin / Stuff
The old structures of the Shelly Bay Defense Forces have deteriorated. (File photo)
This is the second time the group has challenged consent for development resources. In 2018, he forced a reconsideration through a judicial appeal.
Developer The Wellington Company and Wellington City Council opposed both challenges.
In his presentations to the council on Monday, attorney Nicholas Whittington said the highway had enough capacity to accommodate increased traffic.
He said the evidence for the number of walkers and cyclists was not complete, but an assessment by The Wellington Company showed low numbers using Shelly Bay Rd from Cobham Dr or Miramar Ave. But that did not take into account the users who drove to Shelly Bay Rd. and they started walking or cycling from there, he said.
Monique Ford / Stuff
Traffic on Shelly Bay Rd, Miramar Peninsula, will increase significantly if a $ 500 million development proceeds. (File photo)
The resource consent request was under the Housing Agreements and Special Housing Areas Act of 2013, not the Resource Management Act. The special housing law did not give the public a general role, Whittington said.
Three seasoned commissioners said they would not have granted the request under the Resource Management Act, but that was for reasons other than transportation and traffic, he said.
Commissioners visited Shelly Bay and still decided that what was planned would be an improvement on what was now available to walkers and cyclists, he said.
An attorney for The Wellington Company was due to address court Tuesday.
A Maori group, Mau Whenua, has opposed the sale of Taranaki Whānui iwi’s land for development and filmmaker Sir Peter Jackson has been a powerful voice against development.
