Councillors will receive legal advice at their meeting tomorrow about the High Court decision that means the work on the planned upgrade for Montgomery Square will not be completed in time for Rugby World Cup 2011.
The High Court issued an order last Thursday evening preventing Council from letting the tender to carry out the work.
Council’s legal advisers state that the High Court recognised Council carried out consultation on the project with the public and the affected parties, but the extent of the change of use of the car park was significant enough that Council should have undertaken further consultation with directly affected parties.
Chief Executive Keith Marshall says “The decision appears to have hinged on the significance of the change of use of the car park with the pocket park, and indeed the Judge has only ruled on this part of the case in his interim decision. We felt we had carried out a sufficient level of consultation throughout the development and ongoing work with the Heart of Nelson Strategy, but the court’s ruling is clear and Council will abide by the decision. We will also review how we additionally consult with any directly affected parties in the future in situations where a change of use is proposed by any Council works. It’s unlikely at this stage that we will appeal.”