Frankton Trading Trustee Company Ltd - linked to hotel developer Safari Group - wants to construct and operate a Ramada Hotel on a vacant site on Frankton Rd, opposite the Millennium and Copthorne hotels.
Following a resource consent hearing in December, commissioners Dr Lee Beattie and Jane Sinclair declined consent for the 131-room hotel, which also included two residential apartments, a restaurant and conference rooms and an on-site car park.
The commissioners found, overall, there were ‘‘some limited’’ urban design effects which were more than minor, but could be remedied through conditions.
The notice of appeal said the council had erred in making that primary finding and failed to have regard to conditions which could mitigate effects.
‘‘The council’s primary finding in this regard is curious, given that it then went on to make concluding comments that notwithstanding effects are more than minor, they could be addressed by appropriate use of conditions of consent.’’
The company also submitted the council had erred in its findings there was not enough provision for larger SUV-type vehicles in its proposed basement car park because that was ‘‘unsupported by any reference to any rule or standard’’.
While commissioners found off-site overnight bus parking would be appropriate, they failed to consider, or give adequate consideration to, the company’s revised proposal for a single on-site coach loading and unloading area, which would result in improved internal vehicle circulation and manoeuvring.
‘‘The council’s findings with respect to adverse effects of noise from coaches and delivery vehicles utilising the internal driveway failed to have regard to the fact that conditions were offered ... to ensure compliance with noise limits and thus avoid adverse effects on neighbouring properties.’’
The company also submitted the council’s findings regarding adverse effects associated with a valet parking service failed to give any or adequate consideration to the ability for those to be managed through conditions.
‘‘As a consequence ... the council erred in its determination that the proposal is contrary to the objectives and policies of a plan or proposed plan,’’ the notice of appeal said.
‘‘The council’s assessment of the proposal isolated one or two policies to which it said the proposal was contrary, rather than undertaking a fair appraisal of the objectives and policies as a whole, and thus was flawed.’’
Frankton Trading Trustee Ltd sought for the council’s decision to be cancelled and for consent to be granted.
It also sought for the council to pay the appellant’s costs.
