Here are the reasons why we are against this development and why we were LEFT WITH NO OPTION BUT TO CHALLENGE THE PROPOSAL IN COURT

As consent has been granted to The Wellington Company to develop Shelly Bay under special housing legislation passed by the previous Government, the only way to now prevent that from happening is to challenge the consent decision in the High Court.

That is what Enterprise Miramar is doing; we have filed judicial review proceedings trying to overturn the resource consent in the High Court. Our judicial review case is set to be heard in the High Court at Wellington on 5-6 March 2018.


The development proposed for Shelly Bay includes plans for a new neighbourhood, with 350 homes; a waterfront walkway; green space; parking and seating; cafes, bars and shops; a microbrewery and a 50-bed boutique hotel (1)

Residential development will comprise 280 apartments, 58 townhouses and 14 standalone homes. The front row of houses would be three- level townhouses and detached homes with front doors and gardens facing the road. Behind these, at the base of the steep hill, would be apartment buildings up to six storeys (2)

For more detail refer to the Developers ‘Shelly Bay Masterplan and Design Guide’ and can be found in full here

The Masterplan shows that the development includes 5 ‘types’ of buildings, and the resource consent application (pages 12- 15) describes the following proposed new and adaptive re-use of existing buildings:

Type 1: Apartment Buildings

  • 12 x apartment buildings up to 27 metres

Type 2: Town Houses

  • 12 x 12 metre or 15 metre Townhouse buildings

Type 3: Detached Houses

  • 14 stand alone houses, the majority located on Open Space B alongside the road carriageway at the Sourthern end of South Bay
  • 1 dwelling located on the coastal escarpment

Type 4: Aged Care facility

  • option for some apartments (type1) and townhouses (type 2) to be developed as a 140 bed aged care facillity

Type 5: Special Buildings

  • 1 x 50 room boutique hotel –a 27 metre addition to the relocated Officers Mess
  • 2 x 12 metre car stackers
  • 1 x mixed use building
  • 1 x Wharf Pavilion
  • 1 x Slipway Building

Adaptive re-use of exisiting buildings and structures:

  • Shipwrights Building; to be used for a micro brewery
  • Shed 8; to be used for commercial /community activities or residential and short term accomodation
  • Submarine mining building (currently housing the Chocoate Fish café) wil be relocated
  • Slipway (alongside the Shipwrights Building)
  • Wharf structures – intended to be retained but outside the scope of the application.

Yes, Shelly Bay should be developed, but in Enterprise Miramar’s view not in this way.

The Shelly Bay development is large in size and footprint and it will, as a result, change this part of the Peninsula in a range of different ways, including in terms of its existing character. For instance, the consented development includes apartment buildings up to 27 metres high. Some of those buildings appear to be proposed to be built on land that is zoned as open space.

Watch the video above to find out more.


Enterprise Miramar have taken out a Judicial Review seeking to overturn the Resource Consent granted by Wellington City. Enterprise Miramar is seeking financial support as High Court judicial review proceedings are expensive.

So far the costs have been met by local businesses and concerned individuals. But the bills are rolling in for the hearing were held in the High Court on 5 and 6 March 2018.

You can help us by donating using the bank account (details under the donate button above). Or our “Give a little” page at this link.  Any contribution you make no matter how big or small is gratefully appreciated



In response to a request, the Council recommended to the Government that Shelly Bay become a Special Housing Area (SHA). The current Shelly Bay SHA is contained in an Order in Council dated 7 December 2015 (4). A resource consent was lodged in September 2016, and the Council considered the resource consent under the Housing Accords and Special Housing Areas Act 2013 (HASHAA). The HASHAA aims to fast track housing projects in areas including Wellington where the housing market is under pressure. (3)

The HASHAA limits councils’ ability to notify the public about proposed developments in Special Housing Areas. Only owners of adjacent land and infrastructure providers can be notified. So, the resource consent was not publicly notified and was granted by council under delegated authority. (3)


The proposal includes 0.9ha of land owned by the Council. The Council consulted on whether to lease and sell that land to the Developer (4) so the planned development can go ahead as envisaged (3). The Council also made a decision on the infrastructure and public space cost as it relates to infrastructure investment at Shelly Bay. Council’s contribution would be 50% of estimated costs of $20 million (4) and was capped at $10 million (6). Council approved other expenditure above the $20 million, with the intention that it will be recovered from other developments on the Peninsula (6). There were 1103 public submissions received on the proposed sale and lease of Council land at Shelly Bay (4).


The vote was close: with 7 Councillors in favour (Deputy Mayor Eagle, Councillors Day, Gilberd, Dawson, Marsh, Calvert, Free), 5 against (Councillors Sparrow, Lee, Pannett, Foster, Woolf), and 2 abstentions (Mayor Lester, Cr Young) as a result of a conflict of interest. Cr Calvi-Freeman was absent. (5)

The Council said in a media release after the vote:
The vote removes one of the last hurdles to the project which will see a new 350-home development on the former Defence site which will also include a boutique hotel with about 50 rooms, 280 apartments, 58 townhouses and 14 standalone houses.(5)

  • Cyclists and pedestrians will share the road with construction vehicles during the 13 year construction period and an estimated (average) 4700 vehicle movements a day
  • Effects on Blue Penguins were considered in September 2017 by the Council but is not part of the resource consent
  • The 1.5 metre pathway or 1.5 -2.0 metre shoulder will impact on parking along Shelly Bay Road which may mean you will have to walk some distance to your favourite fishing spot.
  • Public car parking at Shelly Bay will be time limited.
  • Heavy traffic over the 13 year period of construction
  • Shelly Bay is a bay on the Miramar Peninsula of Wellington, New Zealand. The New Zealand Defence Force owned the land on Shelly Bay for 124 years until 2009.