10 Sept 2008
HAVELOCK NORTH CITIZENS INC V HASTINGS DISTRICT COUNCIL HC NAP CIV 2007-441-1009
- Citation
- openlaw-5cbf31ac_675e_44ec_84e9_e92a5de15fd2.pdf
- Court
- High Court
The Court set aside both certificates because Council erred in law by issuing certificates without sufficient information and by misapplying plan rules: (1) Te Mata Rd certificate unlawful because Conrad failed to calculate recession planes from all residential zone boundaries (including road centrelines under R16.4) and both Te Mata Rd and Napier Rd developments breached the 250m² gross floor area limit in R9.8.9 which applies to all permitted suburban commercial activities including residential uses; (2) Napier Rd certificate was also unlawful because the proposed earthworks exceeded the pe…