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Manukau City Hypermarket - Progressive Enterprises Ltd / Van den Brink - July 2006 Simon Berry acted as counsel for Progressive Enterprises Ltd in securing the resource consents necessary to establish a 10,000 square metre hypermarket on a high-profile site in Manukau City (corner of Te Irirangi Drive and Great South Road). The case involved both High Court judicial review proceedings brought by Westfield and National Trading Company Limited. The two companies challenged a decision by the Manukau City Council to grant consent to the development on a non-notified basis, and also Environment Court appeals, again from Westfield, NTC and related parties, against the granting of a notified consent by Manukau City. Complex issues arose concerning the impact of the proposed store on the existing Manukau City Centre and in relation to urban design and traffic issues. As it transpired, no hearings were required. Westfield obtained an adjournment of the High Court hearing at the eleventh hour and Westfield and NTC withdrew their Environment Court appeals at a very late stage. Planning for the hypermarket on the site is nearing completion.
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