Notice of Appeal to the High Court of New Zealand.
High Court Decision on the Appeal
Box Properties Investments Ltd Application to Construct 70 Apartments in Sandspit Road
People who have been following this case will know that having had Resource Consent for an application for 70 apartments rejected by an Independent Hearing Panel, Box Properties Investments Ltd then applied to the Environment Court for a smaller block of apartments. However, following the previous Labour Government, with assistance from the National Party, passing legislation requiring intensification, and also passing the Covid-19 Recovery (Fast Track Consenting) Act the developer chose to use this avenue to seek approval for construction of 70 apartments on the site.
The Expert Consenting Panel refused consent. This decision was appealed to the High Court on 7 grounds:
● Did the Panel have regard to an impermissible (i.e. irrelevant) consideration, namely proposed legislative change?
● Did the Panel misdirect itself in its assessment of the relevance and status of Plan Change 78?
● Did the Panel breach natural justice by failing to accord Box an opportunity to comment on an expert landscape report commissioned by the Panel?
● There was an incorrect interpretation of s 77G(1) of the Resource Management Act. (This clause relates to a statutory requirement to incorporate intensification into the Auckland Unitary Plan)
● An incorrect weighting test was used. (This relates to the relative importance of the existing Single House Zone policies and objectives, and those requiring intensification as set out in Plan Change 78)
● There was an incorrect interpretation and application of the Single House Zone
● There was an incorrect interpretation and application of part 2 of the Resource Management Act. (This relates to the Streamlined Planning Process for intensification).
In the concluding summary of the 37 page judgement it states: “I find that none of the grounds of appeal succeed. Each of the questions of law must be answered ‘No’ (i.e. there was no error of law)”.
We are sure we have not heard the last of this. The developer will have the right of appeal. If that fails then we can be sure that he will be looking at some way to earn an adequate return on investment. However, for the present, we really are pleased with the judgement!
THE LATEST
The CBBRA and other interested parties were informed on the 27th August that the developers, Box Property Investments Ltd, have made a Notice of Appeal to the High Court of New Zealand against the decision of the Environmental Protection Authority's Expert Consenting Panel to refuse resource consents for the Quarterdeck Project (a proposed 70 apartment and terrace house development on the old Steward Motors site opposite Howick College).
As we understand it the appeal is based on matters of law. At this stage we do not know when the High Court will hear the appeal.
We will keep you updated as the appeal process proceeds.