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Review of Urban Design Case Law

Preface

1 Introduction

2 Urban design subject areas

3 General findings

4 Amenity findings

5 Character findings

6 Heritage findings

7 Density findings

8 Movement findings

9 Commerce findings

10 Urban growth findings

11 Open space findings

Appendix 1: Case law summaries

Preface

This report presents findings from a review of urban design-related decisions made before July 2008 by the Environment Court (the Court) under the Resource Management Act 1991 (RMA). The findings focus on how the Court has addressed a range of constituent subject areas embraced by urban design. These areas include: amenity, character, commerce, density, heritage, open space, movement and urban growth.

The review examines a sample of relevant decisions relating to these subject areas, for clues to help guide professionals working with the RMA to achieve quality urban design outcomes.

Urban design

Urban design is defined here as an approach to designing and planning for urban environments that has been shown in numerous ways to yield improved qualities and value in the contexts within which it is applied.¹

The 2005 New Zealand Urban Design Protocol describes urban design as being:

… concerned with the design of the buildings, places, spaces and networks that make up our towns and cities, and the ways people use them. It ranges in scale from a metropolitan region, city or town down to a street, public space or even a single building. Urban design is concerned not just with appearances and built form but with the environmental, economic, social and cultural consequences of design. It is an approach that draws together many different sectors and professions, and it includes both the process of decision-making as well as the outcomes of design.

While the ‘take up’ of urban design appears strong in the larger urban centres² this may be a reflection of the complexity or depth of the issues to be resolved in these areas. It is also becoming evident in practice in smaller towns and settlements. Many levels of local government are starting to see the results of good urban design in achieving their constituents’ aspirations for well-planned and quality urban areas.

The issues affecting urban environments are complex so a carefully planned and managed response is required to ensure these issues are adequately addressed. The principles that underlie good urban design provide a guide to assist this process.

What is clear from this review is that the courts (Environment Court, High Court and Supreme Court) are now considering cases in which the processes and principles associated with urban design are influencing the decisions being made.

This report expresses the views of the authors only and does not necessarily represent the views of the Ministry for the Environment.

Marc Baily (Boffa Miskell)
Morgan Slyfield (Morrison Kent)

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