20 Feb 2007
RODNEY DISTRICT COUNCIL V EYRES ECO-PARK LIMITED CA CA87/06
- Citation
- openlaw-20ad3eae_9b24_4434_a222_5b645a1acba0.pdf
- Court
- Court of Appeal
Existing use rights under s 10 are to be assessed by reference to the character, intensity and scale of the use and its effects as at the time the relevant current rule became operative (or the proposed plan was notified), subject to the qualification that the use must be lawfully established (which may require reference to the chain of earlier rules); a sufficient diminution of effects such that the use no longer contravenes the current rule results in loss of existing use protection and may invoke s 10(2).