27 Aug 2008
CHRISTCHURCH CITY COUNCIL V EMMA JANE LIMITED AND ANOR HC CHCH CIV-2008-485-000280
- Citation
- openlaw-5bd61adc_3f74_483b_b810_5490cffb7318.pdf
- Court
- High Court
The High Court found no material error of law: the Environment Court's interpretation of Variation 86 and its conclusion that some localised traffic increases are an inevitable and acceptable consequence of a centres-based approach had evidential basis; the High Traffic Generator Rule, read with assessment criteria b and j, legitimately enabled consideration of network traffic effects; the Environment Court was not required to adopt the appellant's formulaic s76(3) comparison and made lawful planning judgments on heights and density; the alleged failure to guard against uniform 20m developmen…