28 Nov 2014
NORTH CANTERBURY CLAY TARGET ASSOCIATION INCORPORATED v WAIMAKARIRI DISTRICT COUNCIL [2014] NZHC 3021
- Citation
- [2014] NZHC 3021
- Court
- High Court
The phrase "any dwelling house" in the plan's noise rule includes dwellings constructed after the certificate of compliance was issued; a certificate of compliance, while treated as a deemed resource consent, remains subject to the plan's conditions and does not exempt the holder from complying with the noise limits measured at any notional boundary including new dwellings, so the Association remains obliged to meet the noise rule despite changes in the receiving environment.