9 Jun 2017
WELLINGTON CITY COUNCIL v AITCHISON [2017] NZHC 1264
- Citation
- [2017] NZHC 1264
- Court
- High Court
The correct interpretation of the District Plan definition is that where a retaining wall is located on the boundary the vertical recession control measurement must be taken from ground level as defined by the front surface (toe/bottom) of the retaining wall at the boundary; minor deviations in actual wall position are de minimis and the wall was properly treated as located on the boundary for measurement purposes, giving effect to the purpose of recession planes to protect sunlight and amenity; accordingly the Environment Court's declaratory conclusions stand and the appeal is dismissed.
- District plan interpretation
- Building recession planes
- Definition of ground level
- Retaining walls on boundaries
- Permitted activity status
- Enforcement orders