A commissioner has vetoed a $29 million apartment and retail complex planned for Tahunanui in Nelson, but there is hope the project can still proceed.
Commissioner Richard Fowler has just released his decision declining permission for The Sands complex.
Normally, the ruling would spell the end for such a project,
but Fowler's decision said the finding was based on a technicality and the application had fallen "at the last hurdle".
Developer Robert Donald now has the option of appealing the decision or lodging a new application.
Donald was positive, despite a delay of at least three months for a new application to be heard.
The four-storey complex, which includes 43 apartments and 14 shops, was short of 40 carparks needed to meet Nelson City Council's planning rules.
On the last day of a hearing into the proposal in March, Donald bought a piece of land that could provide an extra 30 parks.
But Fowler's decision said the effect that using the land for parking would have on traffic movements had not been investigated because the parks were found so late in the resource consent process.
Donald would need to apply for a separate resource consent to create the carpark.
Fowler's decision said the entire proposal needed to be looked at as a whole, not on a "piecemeal" basis.
Nearby residents had opposed the project, worried it would cut views, was too bulky and would pre-empt enhancement plans for the area.
Transit New Zealand was worried it would cause road congestion and problems for pedestrians.
Donald, who is based in Auckland, said he would meet his consultants and lawyers to consider options.
People have already bought 15 apartments in the complex and a number of companies have confirmed their places in the ground floor retail precinct, subject to resource consent being granted. The most expensive apartment will be $1.59 million.
- NZPA
