14 Dec 2005
WISE AND NEBESKY V THAMES-COROMANDEL DISTRICT COUNCIL HC AK CIV-2004-485-000278
- Citation
- openlaw-ee5a6fc4_a4a4_4271_9eee_280763a07a58.pdf
- Court
- High Court
The Environment Court's factual finding that the subdivision would adversely affect the area's character and amenity was supported by evidence and not a legal error; although the Environment Court did not explicitly identify or apply the permitted baseline (an error of law), that omission was immaterial given the expert evidence that the hypothesised permitted ancillary development was fanciful and would not alter the Court's assessment; consequently the appeal is dismissed.