25 May 2012
TURNERS & GROWERS HORT LTD V FAR NORTH DC HC WHA CIV 2012-488-000039
- Citation
- openlaw-7a0497d6_0f75_4245_b0e6_995c085d7bbc.pdf
- Court
- High Court
The certificate was set aside because the Council acted unlawfully/unreasonably by (1) failing to include all impermeable surfaces in its coverage calculation, (2) issuing the certificate without adequate information to select an appropriate Traffic Intensity Factor as required by the Plan, and (3) failing to verify whether a discharge-to-air consent was required instead of accepting an unsupported assertion; the matter must be reconsidered by the Council with adequate information.