The Environment Court decision on the Mission Bay development appeal has just been released and it has been declined in full. The proposed 8-storey development will not be built. Hopefully any future plans will be designed to complement the local environment.

The decision says that the developer was seeking to maximise their development at the expense of the community and residents, and the court saw no reason to grant any additional height over that set out in the Unitary Plan rules.

This makes it clear that developers cannot just consider the Unitary Plan rules as a starting point for negotiations.

The case has now established this principle in case law and will guide the assessment of breaches in all future resource consent applications.

Read the decision: _2021_NZEnvC_159_Drive_Holdings_Limited_v_Auckland_Council

Image provided by Mission Bay Kohi Residents Association.