Wendy's wins fight over driveway

The Wendy's restaurant chain went to the High Court to try and stop a rival blocking one of the exits to its drive through lanes. Photo / NZ Herald

Burger chain operator Wendy's has won a Court of Appeal fight over resource consent for driveway changes at one of its restaurants.

The changes in question altered exit and entry points and the amount of traffic coming across Wendy's premises at the corner of Auckland's Great South Road and Ronwood Ave.

One of the exits at the site, onto Great South Road, was changed so drivers could only make a left turn onto that stretch of highway.

Auckland Council in 2013 gave the site owner, Wiri Licensing Trust, resource consent for these changes and to construct a 3-unit retail building, a drive-through restaurant and to set up some extra car parks.

The site now houses one of Wendy's rivals, Carl's Jr, as well as a Subway restaurant, a TAB and a liquor shop. A Mobil service station previously occupied much of this land.

Wendy's was not given a copy of the trust's application for resource consent and claimed the changes had adversely affected its business.

The fast food chain's owner went to the High Court in 2014, arguing the council's decision to not notify it of the application was unlawful.

It wanted the consent quashed but this was refused by Justice Mary Peters.

Wendy's then challenged that decision in the Court of Appeal and was successful just before Christmas.

Justices John Wild, John Fogarty and Jillian Mallon said Wendy's application succeeded "on proof of an error of law".

The council, in light of the decision, has to reconsider whether or not Wendy's owner was affected by the changes at the site.

If the council deems Wendy's has suffered more than just minor adverse effects, then the local government body must reconsider its decision to grant resource consent.

Wendy's owner, Wendco (NZ), was awarded costs.