April 09, 2018
Court clears Shelly Bay overhaul to start
The High Court has refused an application for a judicial review of consents grants to develop the Port Nicholson Settlement Trust's Shelly Bay property.
The decision means the Wellington Land Company should now be able to start turning the former air force base on the Mirimar Peninsula into a 350-dwelling development with shops and offices.
The trust bought the land with the money it got to settle Taranaki Whanui claims but when its original plan fell through the property then became a financial drain on the settlement.
Justice Peter Churchman says the objectors, Enterprise Miramar Peninsula, didn't understand the terms of the Special Housing Areas Act are different to those of the Resource Management Act, and the local community does not have a right to have a say.
He said the Special Housing Areas Act was brought in part because it was felt local authorities’ consenting processes were contributing to the perceived housing shortage, and it's ironic the resource consent has not been able to proceed at speed because of delays in processing it by Wellington City Council and because of the court action.
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