Enterprise Miramar appeals High Court decision on $500m Shelly Bay development

Friday, 4 May 2018

Enterprise Miramar will ask the Court of Appeal to overturn a recent legal decision that dismissed its application for a judicial review of the $500m of Shelly Bay.

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 $500m proposed Shelly Bay development would include hotels, apartments, townhouses, a rest home, a ferry terminal, a marina and a cable car link to Mt Crawford.

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.

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. It believed the decision will impact on resource consent processes throughout New Zealand.

An artistic impression of the proposed development for central Shelly Bay, including public spaces.

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An artist's impression of the proposed Shelly Bay development.

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

On Friday, 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 flow on effect of the High Court's decision, as its findings mean the council consenting decisions can not 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 within 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 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 set up by the group would 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 were within their rights to do so – 'notwithstanding the extra legal costs that will be incurred by the interested parties'.

When the High Court decision was released, 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.

'Through this appeal process we'll certainly continue to defend our decision – and we hope an early date can be set for the hearing.'