KEY POINTS:
Casino operator SkyCity and a big law firm have lodged legal objections to plans for a 67-level apartment tower rising near them in Auckland.
SkyCity and lawyers DLA Phillips Fox have appealed to the Environment Court in an attempt to halt plans for the proposed Elliott Tower by Korea's Dae Ju Housing.
SkyCity's Sky Tower is near the planned development and the law firm has offices in the neighbouring National Bank Centre.
If it is built, the 259-unit Elliott Tower will be almost as tall as the Sky Tower.
It is planned to go up on the former Royal International Hotel site bounded by Albert and Elliott Sts and Victoria St West.
A carpark and reverse bungy ride operate from the site at present.
Auckland City Council approved the tower last month, rejecting SkyCity's submissions about threats to emergency, cellphone, radio and television transmissions services.
SkyCity's Environment Court appeal says the council was wrong to approve Elliott because it was against the Resource Management Act and would adversely affect people and communities in the area.
At 328m, Sky Tower is the tallest structure in the Southern Hemisphere, drawing 700,000 visitors to its observation decks annually.
But Elliott would affect Sky Tower's existing and future operations by obstructing telecommunications facilities, SkyCity said.
The tower hosts more than 400 licensed services and radio communications facilities, two television stations, 22 FM radio stations, land and maritime mobile communications and broadband wireless services.
Sky Tower provided communication services for a third of New Zealand, including significant emergency services.
Nor would apartment owners like having tourists gazing into their units, SkyCity said.
"The privacy of residential users of the upper levels of the proposed development would be adversely affected by users of the observation levels of the Sky Tower, possibly leading to a request to change the activity."
SkyCity wants Elliott's approval declined but if the court does not allow that, it wants a range of conditions attached to the consent, slashing the height and forcing its developers to upgrade surrounding streets.
It also wants Dae Ju to agree to banning its the new tower from being used for telecommunication transmission services.
DLA Phillips Fox's appeal says Elliott's approval goes against the council's planning policies, which stipulate that the intensity, scale and activity of building must not reduce the central city's attractions.
The development was contrary to pedestrian and parking planning rules and would dominate the area, resulting in loss of daylight and visible sky.
In its decision to allow the tower, the council said it was up to SkyCity to maintain Sky Tower communication transmissions and the city's rules did not ban tall buildings.
The Environment Court is expected to hear the appeal next year.
ELLIOTT TOWER
* Designed by architect Gordon Moller.
* He also designed the Sky Tower.
* Downtown carparking site earmarked.
* Multiplex preferred contractors.
* Due to be finished in 2011.
