16 Jul 2007
OFFICIAL BAY HERITAGE PROTECTION SOCIETY INCORPORATED V AUCKLAND CITY COUNCIL AND ANOR HC AK CIV 2006-404-005947
- Citation
- openlaw-1c7c0d33_4147_46d4_8034_a2310332e57b.pdf
- Court
- High Court
Plan Change 2's restricted discretionary rule and assessment criteria relate to design and street frontage matters and do not convert overall height and bulk into matters for which discretion is restricted; Rule 15.3.2.6 applied to permit consideration without public notification or service; the Council was entitled to disregard height and bulk effects under ss 94A and 94B and therefore was not required to notify or serve and the subsequent grant of resource consent was lawful.