Auckland Council says it is investigating a "potential inconsistency" over the legalities of a 12m-high factory being built beside Hobsonville Primary School.
The council has responded after the Herald wrote about school principal Anne Leitch's shock and anger at Autex Industries, after it started building a new factory just metres from the rear of the school's boundary.
She wrote about the development in the school's latest newsletter, sent to parents about 10 days ago, stating she was "incredibly disappointed that Auckland Council approved consent without notification to the school".
"This communication is to inform you that once again the school has been ignored and disregarded as a place where an aesthetic environment is critical for our students."
The factory was to be built 2.7m from its boundary - less than the 3m minimum Leitch thought was imposed.
Autex Industries managing director Rob Croot confirmed the factory initially was to sit 2.7m from the school but being a local business it wanted to work with its community and since realigned the building a further 300mm away to abide by the school's wishes.
Auckland Council North West resource consents manager Ian Dobson said the council was reviewing "potential inconsistencies" between the approved resource consent and a consent notice "with a view to working with all parties to ensure the best outcome".
The consent notice was a restriction "relating to a number of matters including the requirement of a landscape buffer and acoustic fencing on lots that have a shared boundary with Hobsonville Primary School".
"The consent notice was applied, with the agreement of the landowner of the subdivision at the time and the school, to ensure future owners of lots created by the subdivision are aware of any site specific requirements as they relate to 38-40 Westpoint Drive. These are ongoing legal requirements."
However, Dobson confirmed that "inconsistency" was the 300mm buffer which Autex had since rectified.
As for not notifying the school, he said the land was zoned "as appropriate for Light Industrial Activities within the Auckland Unitary Plan and so no resource consent was required for the manufacturing activity proposed by Autex".
The construction was considered a "restricted discretionary activity" and complied with the bulk and location controls of the unitary plan.
The company's resource consent was granted in July last year.