Court Finds Council Erred in Decision-Making Process on Thorndon Quay In a landmark ruling, the High Court has found that the Wellington City Council erred in its decision-making process regarding the Thorndon Quay development. The Thorndon Quay project, a controversial proposal for a high-rise apartment complex on the Wellington waterfront, has been the subject of intense debate for several years. The project received initial approval from the council in 2021, but was later appealed by opponents concerned about its impact on the surrounding heritage area. The High Court upheld the appeal, finding that the council had failed to adequately consider alternative options and had not given sufficient weight to the potential adverse effects of the project on the historic character of the area. The court ruled that the council’s decision-making process had been “flawed” and that it had “failed to take into account relevant factors” in reaching its conclusion. The court ordered the council to reconsider its decision, taking into account the concerns raised in the appeal. The ruling has been hailed as a victory for heritage advocates who argued that the project would have damaged the unique character of Thorndon Quay. They called on the council to respect the area’s heritage and to explore alternative development options that would preserve its historic value. The council expressed disappointment in the court’s decision but said it would respect the ruling and reconsider its decision in line with the court’s directions. The project’s future remains uncertain, with both supporters and opponents likely to continue their campaign for an outcome that aligns with their respective interests. The ruling serves as a reminder of the importance of sound decision-making processes and the need to balance development needs with the preservation of heritage assets. It also highlights the role of the courts in ensuring that decisions made by local authorities are fair, transparent, and evidence-based.Wellington City Council Decision on Thorndon Quay Parking FlawedWellington City Council Decision on Thorndon Quay Parking Flawed The Court of Appeal has determined that Wellington City Council made an error in its decision-making process regarding changes to parking at Thorndon Quay. Parking Changes and Court Challenge In June 2021, the council converted corner parks into parallel parks to enhance cyclist safety, reducing the number of parking spots. The Thorndon Quay Collective, a group of concerned businesses, challenged the decision in the High Court. Court of Appeal Ruling The Court of Appeal found that the council failed to consider “all reasonably practicable options” as required by law. However, the court declined to quash the decision or order the reinstatement of angled parking. Reasons for Decision The court stated that the decision has been largely superseded by subsequent events, and that the current configuration provides increased safety for cyclists. Additionally, the court noted that the council would have needed to remove angled parking regardless, due to safety concerns. Council Response Wellington City Council has stated that the roadworks will continue as planned. The council will review the findings and consider them in future decisions. Outcome The court’s ruling declares that the decision-making process was flawed but does not invalidate the decision or require any changes to the current parking configuration. The council is required to pay the costs of the appeal and take the findings into account in the future.The Wellington High Court has quashed Wellington City Council’s decision-making process on the Thorndon Quay cycleway, ruling that the council erred in its consideration of public submissions. The decision follows a legal challenge brought by cyclist advocate Bevan Woodward, who argued that the council failed to properly consider the views of those who opposed the cycleway. In its judgment, the Court found that the council had not given sufficient weight to the submissions of opponents, and had not adequately considered alternative options. The Court also found that the council had not properly engaged with the public during the consultation process, and had not provided sufficient information to allow people to make informed submissions. The decision is a significant victory for opponents of the Thorndon Quay cycleway, and raises questions about the council’s decision-making process on other projects. The council has said it will review the judgment and consider its options.
Court Finds Council Erred in Decision-Making Process on Thorndon Quay
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