Property manager Gaire Thompson filed an injunction last week in the High Court at Invercargill to halt demolition work on at the block bordered by Dee, Tay, Kelvin and Esk Sts, which was scheduled to start on Monday.
The HWCP project is a joint venture between the Invercargill City Council and the property arm of the H.W. Richardson Group. The plan is to build a retail precinct with more than 40 businesses, a medical centre, office space and a food outlet.
Mr Thompson yesterday confirmed the legal action but would not comment further because the matter was before the court.
He said the action was based on concerns from ratepayers.
HWCP director Scott O’Donnell said the injunction was in relation to amendments to the original resource consent which was not publicly notified by council.
In a report obtained by the Otago Daily Times, consultant planner Rachel Ducker says the scope of the application relates to amending more than 10 conditions.
"This application [’s amendments] ... are being sought by the consent holder to facilitate the commencement of site demolition and redevelopment."
Ms Ducker says the adverse effects of the proposed changes to the conditions are "less than minor".
Invercargill council chief executive Clare Hadley said she was aware of the legal action but said the council decided, on specialist advice, not to publicly notify the amendments.
In the report, Ms Ducker says "in accordance with the provisions of section 95A, the application must not be publicly notified".
Mr O’Donnell expected a decision this week.
"I’m confident [that the demolition will go ahead on the scheduled day], but annoyed."
Last month, businessman Geoff Thomson walked away from the $160million project but agreed to leave a funding contribution that had already been made.
Demolition was scheduled to begin on Monday from the present car park space in the centre of the block. The contractors would work towards Kelvin St, clearing the east end of the block.
