Supreme Court Housing ban around airport upheld

Press, 10 June 1977, Page 17

Supreme Court Housing ban around airport upheld

The Waimairi County Council acted properly when,, it changed the zoning of land to prevent the building of;; homes near Christchurch Air- i port. Mr Justice Casey has ruled in the Supreme Court at Christchurch. Waimairi had the power to stop residential building in a 950-hectare belt around the airport — determined by contour. based on “perceived decibel noise” level — to 1 , lessen "potential conflicts”; between the operations of the airport and land uses nearby. Peter Bearnard Laing, a produce merchant, and An-; thony John Hack, a horticul-! turist. had sought declaratory l judgments by his Honour j that the Waimairi County' Council had acted beyond its' powers. Mr R. J. De Goldi appeared for the plaintiffs. Mr J. E.| Ryan for the county council, Mr D. M. Palmer for the Christchurch City Council,! and Mr T. D. Anderson for the Ministry of Works and Development. In a resolution of October; 15. 1975, Waimairi amended its operative district scheme to restrict home building i around the airport. I

The change was not re-1 ,quired by the City Council, ;the airport authority and the ministry, although they fully i supported it. The plaintiffs, said his Honour in his judgment, lived; in a rural zone, under the I Waimairi operative district scheme, near the airport. j They had asked him to de-! termine whether Waimairi' had exceeded its powers un-i der the Town and Country Planning Act, and whether the change was an abuse, or an unreasonable exercise of its powers. His Honour answered “no” to all three questions set out [in the originating summons. I He ordered the plaintiffs to I pay costs of §3OO to the Waimairi County Council, and SI 50 each to the City Council • and the ministry l . He said it seemed quite proper that Waimairi should I take into account the proximity of a major international airport in achieving the general purpose of the district 'scheme under section 18 — “the development of the area in such a way as will meet; effectivelv and tend to pro-; ,mote and safeguard the

health, safety, convenience, and the general and economic welfare of its inhabitants, and the amenities of every part of the area.”