29 Nov 2006
GORDON V AUCKLAND CITY COUNCIL AND ANOR HC AK CIV 2006-404-004417
- Citation
- openlaw-c03dcb37_24f4_4cc3_b29f_f8ac9a9f8f6a.pdf
- Court
- High Court
The Council's processing wrongly treated the road and front façade criteria in the Operative Isthmus Plan as non-applicable and failed to have regard to the frontage/façade criterion in PPM 163; 'façade' must be interpreted purposively to include all parts of the building visible from the road/front (including visible roof elements), those failures were errors of law and the Operative Plan errors were sufficiently material to quash the resource consent and remit the matter for reconsideration in light of the correct interpretation.