10 Oct 2006
PETONE PLANNING ACTION GROUP V HUTT CITY COUNCIL & ANOR HC WN CIV-2006-485-405
- Citation
- openlaw-2cc83555_7b54_4c32_8b76_96a1ab783f6c.pdf
- Court
- High Court
The Court held the Council erred in law by failing to consider the adverse effects on residential amenity of increased traffic and by restricting its visual amenity analysis to screening alone (ignoring broader amenity values and the impact of access gaps), such that there was a real risk of more than minor adverse effects; accordingly the non-notification and the grant were invalid and must be set aside and re-determined with proper notification consideration.