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Court of Appeal dismisses appeal from High Court, and affirm refusal to grant a planning injunction to restrain the mechanical harvesting of wild kelp (seaweed), where a foreshore licence had been granted by the State to allow such harvesting, on the grounds that: (a) the harvesting of wild kelp did not amount to 'development' under the planning legislation in that it did not effect a change or alteration in the land, but was akin to picking flowers or fishing; and (b) the area where the harvesting was to take place did not 'adjoin' the functional area of the planning authority.
Noonan J (nem diss): Planning injunction application - mechanical harvesting of wild kelp (seaweed) - licence granted by State to harvest kelp - foreshore licence - whether harvesting required planning permission - Planning and Development Act 2000 - Foreshore Act 1933 - whether such harvesting was 'development' - failure to establish that harvesting of wild kelp constituted unauthorised development - whether such 'development' adjoined the functional area of the relevant planning authority - Maritime Area Planning Act 2021.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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