20 Dec 2007
PAPAKURA DISTRICT COUNCIL V BALLANTYNE HC AK CIV 2006-404-03234
- Citation
- openlaw-8a4687aa_9320_42f1_8a49_6c075af91e84.pdf
- Court
- High Court
The High Court held that the Environment Court did not err in law: the proposal is not necessarily 'urban development' given the defined indicia and the degraded fringe context; alternatively, even if urban, it would not compromise the ARPS strategic objectives; the activity is discretionary under the District Plan and the s104(2) permitted baseline comparison was properly and non‑fancifully applied, so the appeals were dismissed.