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Home / New Zealand

Justin Lester doubling down on Wellington's Shelly Bay saga

Georgina Campbell
By Georgina Campbell
Senior Multimedia Journalist·NZ Herald·
27 Aug, 2019 02:05 AM3 mins to read

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Shelly Bay, Miramar, Wellington. Photo / Mark Mitchell

Shelly Bay, Miramar, Wellington. Photo / Mark Mitchell

Justin Lester is doubling down on a proposed development at Shelly Bay, drawing a battle line with mayoral opponent Andy Foster.

Three independent commissioners are considering resource consent for the controversial development that's been bogged down in legal battles and keyboard wars.

It comes after the Court of Appeal quashed Wellington City Council's decision granting resource consent for the significant project.

Lester has supported the plans of Port Nicholson Block Settlement Trust and The Wellington Company to develop the area.

If re-elected, Lester said he would respect the decision of the commissioners.

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"If the consent is approved I will support the development to ensure it is successfully implemented and Shelly Bay becomes a destination Wellington can be proud of."

"Almost everybody I talk to think Shelly Bay is a rusting eyesore and it could be a jewel in the crown for the capital city."

His comments come just over a week since Andy Foster announced his mayoral bid at Shelly Bay alongside Sir Peter Jackson.

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The pair have been highly critical of decisions surrounding the proposed development.

Justin Lester says Shelly Bay is a rusting eyesore. Photo / Mark Mitchell
Justin Lester says Shelly Bay is a rusting eyesore. Photo / Mark Mitchell

Both resource consent applications for Shelly Bay were filed under the Housing Accords Special Housing Areas Act HASHAA, which was set up in 2013 to fast-track housing projects.

The Court of Appeal found Wellington City Council made an error of law in its interpretation and application of a section HASHAA when determining whether to grant the first consent.

The plan for the bay is to build about 350 homes, a boutique hotel and a village green. It also leaves the door open for an aged-care facility, microbrewery, restaurants, office space and cafes.

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But Foster said there were questions surrounding the resource consent process the latest application was being considered under, despite it being with independent commissioners.

His concerns included the quality of traffic advice provided and the limited information before commissioners under HASHAA.

"The commissioners are very experienced people, they will do the best job they can but they can only do that on the basis of the very limited range of information which is provided to them by the applicant and council, both of whom want the consent to proceed."

"People have had their democratic rights to participate in the resource consent process extinguished, but that doesn't take away their legal right to appeal against the decision."

Wellington City Council would not comment while the commissioners were still deliberating.

An artist's impression of the proposed development at Shelly Bay. Photo / Supplied
An artist's impression of the proposed development at Shelly Bay. Photo / Supplied

Mayoral candidate Diane Calvert said she didn't know whether commissioners were provided with all the relevant information so it was difficult to commit to respecting any decision.

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Mayoral candidate Conor Hill has found himself on the same side as Lester.

He said he would respect the decision commissioners made.

"Wellington can't keep relitigating things forever, regardless of whether Shelly Bay is the perfect development."

Enterprise Miramar is the group behind the two legal challenges over the proposed development, first in the High Court and then the Court of Appeal.

Chairman Thomas Wutzler​ said it was unlikely they would challenge any decision made by the commissioners, but was disappointed their scope was so narrow.

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