WELLINGTON Waterfront Watch is confident it will win its appeal against Variation 11 in the Environment Court.
The group is one of three challenging Wellington City Council in the Environment Court after it passed the controversial Variation 11, which will restrict public input on proposed waterfront developments.
Waterfront Watch president Pauline Swann says the group has won two out of its three appeals over the years.
“We’re always confident,” she says. “We’re passionate about the waterfront, as are our friends.”
Swann says huge community support indicates the appeal is the right thing to do. This support even stretches overseas.
“A Canadian I met at the Mount Victoria Fair has been following the case on the Internet, and says they have similar issues in Canada,” says Swann. “He said they’ve been struggling for years with the lake front in Toronto.”
But an appeal is no cheap business for any party involved, and the group has asked for community help in a recent newsletter.
It suggests local residents help fundraise for the case through functions, raffles, local fairs and markets. Waterfront Watch has also set up an Appeal account for donations.
“[An appeal] will probably cost in the region of five figures,” says council spokesman Richard MacLean. “It would be safe to say the council will ultimately be footing a large bill. It is slightly frustrating, but we are talking about the waterfront, which has been a great bone of contention for a long time.”
Under current policy, the council must notify the public about any planned development on the waterfront, and the public then has the right to appeal the decision.
However, Variation 11 means as long as planned developments do not exceed specified height levels or footprints in the North Kumutoto area, public will not be notified.
The change in policy was sparked when a resource consent application was denied for a Hilton Hotel on the Outer T of Queens Wharf.
Ian Pike, CEO of council-owned company Wellington Waterfront Limited (WWL), says the latest Variation 11 challenges may have badly damaged Hilton Hotel’s plan B.
“We’re dealing with the local developer who’s saying until we’ve got this resolved, they won’t have any more discussions,” he says. “It’s a waste of time, money and effort to progress it anymore. They’ve been through this once before – they’re gun shy, that’s for sure.”
Pike says WWL has asked to be involved in the court proceedings.
“We’re naturally disappointed. It makes our process long and drawn-out, and it dampens developers’ appetites for the waterfront,” he says.
But perhaps supportive parties shouldn’t be surprised Variation 11 is being challenged.
It got almost zero public support during the consultation process, and 48 of the 49 submissions spoke against it, with the lone submission coming from WWL.
As well as Waterfront Watch, the New Zealand Historic Places Trust, and Queens Wharf Holdings are appealing against aspects of the plan.
Ann Neill of the Historic Places Trust hopes their issues can be solved through mediation.
The Trust is primarily concerned about the effect the height and bulk of a new proposed Hilton Hotel on Whitmore Street adjacent to Shed 21 will have on the old harbour ferry terminal.
“Potentially they could build to 30 metres there, and it’s only two meters away from the old building,” she says.
The council says mediation is planned to start in April.