6 Sept 2017
THE AUCKLAND PRESBYTERIAN HOSPITAL TRUSTEES INCORPORATED v AUCKLAND COUNCIL [2017] NZHC 2158
- Citation
- [2017] NZHC 2158
- Court
- High Court
The Panel erred as a matter of law by recommending MHS zoning for the St Andrews Village site without a Height Variation Control where the evidence before it supported an 11 m height and the Panel gave no specific reasons for rejecting a site-specific adjustment; the appropriate remedy was to allow the appeal and impose the agreed Riddell Road precinct amendments (MHS with an 11 m maximum in sub-precinct A, specified roof allowance and a 20 m buffer with lower heights and bespoke objectives/policies).