88 The Strand Limited v Auckland City Council [2002] NZRMA 475 (HC, 15 July 2002)

Notification; permitted baseline

1. This case concerned an application by Rawson 2000 Limited to establish an outlet to service motorists, including a 24-hour-a-day self-service carwash and vacuum facility. The Council decided not to notify the application.

2. Of concern to the neighbours, 88 The Strand, was the predicted noise from the operation of the carwash facility.

3. The Court followed the decisions of Bayley, Aley, Smith Chilcott and Arrigato in relation to the permitted baseline test. The Court noted that the permitted baseline test applies to paragraphs (a) and (b) of section 94(2) as held in the decisions of the High Court in Barrett v Sheppard.

4. The noise effect likely to be caused by the 24-hour-a-day carwash facility fell within the noise levels permitted as of right by the plan. The noise effect, therefore, did not need to be taken into account in the Council's decision on notification, which was correctly made.