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...time are applied for and granted within the Industrial Zone. Additionally, retail and office dispersal into the industrial area is likely to bring with it demands for higher amenity standards, particularly with regard to provision for pedestrians and parking. This would lead to an inefficient allocation of resources into these areas, as these facilities already exist within the business areas and would once again contribute to displacing industries the activities of which created adverse e...
...- 9 - the predominant use of the site remains residential; and - the activity is compatible in terms of its potential effects on those of a residential nature. 2. To maintain the amenity of residential areas by ensuring sufficient on-site parking and manoeuvring areas for vehicles are established. 3. To ensure that the design and siting of development (building height, building coverage, recession lines, setbacks and provision of outdoor living areas) is controlled so that:...
...landscape and natural character assessments concluded that this will change perspectives of the area from certain viewpoints and in particular. from residential properties which currently overlook the area from both the east (Moa Point, Strathmore Park) and west (Lyall Bay. Houghton Bay) of the Airport. The visual and landscape assessment includes a detailed visual assessment, taken from a broad range of identified key viewpoints. The most pronounced visual effects will arise from tho...
...loss, such as loss of profits or expenses incurred as a result of the trespass, provided it is not too remote.9 This commentary refers to the decision of the Court of Appeal in Mayfair Ltd v Pears.10 [47] In Mayfair, the defendant unlawfully parked his car in a building on the plaintiff’s land. The car caught fire causing damage to the building. The Court held that the defendant was not liable for the damage because it was unintended, it was not reasonably foreseeable and cou...
...District Council [2014] NZHC 2616 at [120]. Hamilton City Council v New Zealand Historic Places Trust/Pouhere Taonga [2005] NZRMA 145 (HC) at [25]. Apple Fields Ltd v Christchurch City Council [2003] NZRMA 1 at [40]. Auckland Council v Byerley Park Ltd [2013] NZHC 3402 at [42] . Federated Farmers of New Zealand (Inc) Mackenzie Branch v Mackenzie District Council [2014] NZHC 2616 at [121). CEP Services Matauwhi Ltd v Northland Regional Council [2020) NZEnvC 202 at [14). 8 powe...
...decision to adopt a more stringent test under the Act. He submitted that the result of the more restrictive wording of the Act is that the Tribunal can only take into account 8 Citing Islington Park v Ace Insurance Ltd [2013] NZHC 2983, and Wellington City Corporation v Wellington Milk Vendors Association [1923] NZLR 305 (CA). factors such as the interests of justice and the merits of the proposed appeal if the threshold has bee...
...original Proposal and is a better proposal in terms of its environmental effects than what was originally proposed under the NOR. [32] In her submission for Bolton, Ms Carruthers referred to the decision of MacKenzie J in Waikanae Christian Holiday Park v Kapiti Coast District Council, 19 where he held:20 The Court is required to determine, having regard to all relevant factors, including those under Part II, and those ins 171, whether to confirm the NOR, or to cancel the NOR, i...
...customers than the general public; (d) SLB’s stores are located within commercial/industrial areas and are not designed to attract a high proportion of walk-in customers. They are primarily geared to bulk purchase/trade customers with little parking for the general public. The Queenstown and Cromwell stores have a significant staging area for heavy trucks and palletised transport of goods. (e) Approximately 30 to 40% of SLB’s total sales involve the sale of timber produc...
...provisions are dated or have been overtaken by other circumstances).39 35 Todd v Queenstown Lakes District Council [2020] NZEnvC 205, at [91]. 36 Todd v Queenstown Lakes District Council [2020] NZEnvC 205, at [92]. 37 See for example Elderslie Park Ltd v Timaru District Council [1995] NZRMA 433 (HC) at p 19, Batchelor v Tauranga District Council (No 2) [1993] 2 NZLR 84; (1992) 2 NZRMA 137 (HC) at p 10, Hopper Nominees Ltd v Rodney District Council (1995) 2 ELRNZ 73; [1996] NZRMA...