Description

Regarding the classified use of a proposed house that would be a residence for four people with disabilities at 7 Honeyfield Drive, Whalers' Gate, New Plymouth

Scope

This determination arises from a decision of the authority to refuse to issue a building consent for a proposed building. The authority was of the view that the proposed building should be categorised as Commercial under Clause A1 of the Building Code (Schedule 1, Building Regulations 1992), and the proposal subsequently did not comply with the Building Code.

The application for building consent categorised the proposed building work as a Detached Dwelling under Clause A1. The matter to be determined is whether the authority correctly exercised its decision making powers in refusing to grant a building consent for the proposed building work.