24 Sept 2009
PETER ANTHONY RUSSELL AND GILLIAN RUSSELL V TASMAN DISTRICT COUNCIL AND ANOR HC NEL CIV-2009-442-305
- Citation
- openlaw-3663752e_2d47_44f9_8e5d_9726d07d669d.pdf
- Court
- High Court
'Vineyard' in rule 17.7.3.2(f)(iii) is a planning concept requiring case‑by‑case assessment of scale and purpose; the Council's classification of the Russells' 250‑vine planting as not a vineyard was open on the evidence; notification under s94(1) was not required on the balance of material; and even if error existed relief to quash consent would be refused because of delay, completion of the house and absence of practical prejudice.