10 Feb 2012
BEAVON INVESTMENTS LIMITED V MARLBOROUGH DISTRICT COUNCIL HC BLE CIV-2011-406-000244
- Citation
- openlaw-49b42282_a197_4f07_ab91_eeb42fc7f4fe.pdf
- Court
- High Court
The Environment Court erred in holding that a 'family flat' must form part of a larger building; under the District Plan a family flat can be a separate self-contained housekeeping unit (e.g. a granny flat) but where there is already a dwelling on the title it must function as a subordinate adjunct to the principal residence (considering size, relationship, services, intended occupants and lifespan); the factual characteristics of the building determine whether it qualifies, so the matter is remitted to the Environment Court for factual assessment.