Shelly Bay development one step closer after appeal against resource consent decision fails in High Court

Shelly Bay on Wellington's Miramar Peninsula.
Shelly Bay on Wellington's Miramar Peninsula. Photo credit: RNZ

An attempt to block a development at Shelly Bay on the Miramar Peninsula in Wellington has failed.

The High Court has dismissed an application for judicial review of the decision to grant a resource consent to the project, run by Ian Cassels of The Wellington Company.

A group of local businesses put forward the appeal saying the decision was unreasonable.

The arguments from Enterprise Miramar were to do with the impact on traffic and roading, disagreeing with the conclusions in the consent that the "adverse transportation effects of the development will be no more than minor" and that the requirements for "sufficient and appropriate roading infrastructure were satisfied".

However, the court found in favour of the consent.

It was not a clear path for Cassels yet though - a group of Taranaki Whānui iwi members, Mau Whenua, continue to protest the original sale of the land and are occupying the site.

Mau Whenua declined to comment on the decision.

The consent process has been fraught with controversy, not limited to the original land sale.

In 2016 The Wellington Company first applied for a resource consent to build a mixed-use residential and commercial development.

The Wellington City Council granted consent in 2018 and Enterprise Miramar sought judicial review.

The application was initially dismissed, but then quashed by the Court of Appeal and directed the council to reconsider.

The council appointed a panel of three independent commissioners to reconsider the application and make a decision on it.

The commissioners decided in October 2019 to grant the consent, stated with a number of conditions.

It was that decision which was upheld yesterday by the High Court in Wellington.