S & N Burgess, I Coutts, F Watson, S Chapple & M Golditch v Wellington City Council

 
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Decision [2011] NZEnvC 118

BEFORE THE ENVIRONMENT COURT

Court:

Principal Environment Judge C J Thompson sitting alone under s279 Resource Management Act 1991

ENV-2011-WLG-000015

In the Matter of an appeal under s120 of the Resource Management Act 1991

BETWEEN
S & N Burgess, I Coutts, F Watson, S Chapple & M Golditch
Appellants
and
Wellington City Council
Respondent

The application for a declaration is declined

Costs are reserved

DECISION ON APPLICATION FOR A DECLARATION
Introduction
1

The six named Appellants in this proceeding seek, as an interlocutory matter, a declaration that:

Friends of Wright Street Incorporated is the successor to Sonya and Nicholas Burgess, Ian Coutts, Fleur Watson and Simon Chapple, and Mayer Golditch in terms of s2A of the Resource Management Act for the purposes of this appeal; and the name of the Appellant in this proceeding may be amended accordingly.

The parties have agreed that the application can be dealt with on the papers, by a Judge sitting alone.

2

These Appellants are members of the Incorporated Society, Friends of Wright Street Inc, which was formed in 2007 as a vehicle for concerned persons to oppose an application to redevelop a property at 26 Wright Street, Mount Cook, Wellington, by Stratum Management Limited. The application current in 2007 had apparently been processed as a non-notified application by the Wellington City Council and the Society launched judicial review proceedings, seeking to overturn the decision to process it in that way, I understand that Stratum Management Limited abandoned the resource consent the Council had granted.

3

A further, modified, application in respect of the same property was filed by Stratum Management in December 2009 and was granted by the Wellington City Council after it had been processed on the basis of limited notification.

4

The present Appellants are six members of the Society who were notified in the course of the limited notification, and submitted to the City Council. The application for the declaration records that most of the members of the Society were not notified of the further application and therefore could not make submissions.

5

The application is made on the basis that in preparing and lodging the appeal, and earlier in making submissions to the Council, the present Appellants were acting as a group in concert, and as a group in concert with the Society as a whole. The application also asserts that the membership of the group of Appellants and the membership of the Society is substantially the same.

The parties' positions
6

The application for a declaration...

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