Kennedy v Byron Shire Council [2010] NSWLEC 1177

Kennedy v Byron Shire Council [2010] NSWLEC 1177

Approval is granted for the subdivision, as the amended plans satisfy stormwater mitigation and flood immunity requirements, address prior objections, and comply with statutory provisions, notably s 97B of the Environmental Planning and Assessment Act 1979, subject to agreed conditions and payment order.

Jurisdiction
Australia
Judgment Date
07 May 2010
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld
Legal Topics
['development Application' 'subdivision' 'stormwater' 'neighbourhood Flooding']
['planning Law'] ['development Application' 'subdivision' 'stormwater' 'neighbourhood Flooding']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the proposed subdivision and amended stormwater management system adequately mitigate neighbourhood flooding risks' 'Whether the amended plans comply with Environmental Planning and Assessment Act 1979']

Ratio Decidendi

Approval is granted for the subdivision, as the amended plans satisfy stormwater mitigation and flood immunity requirements, address prior objections, and comply with statutory provisions, notably s 97B of the Environmental Planning and Assessment Act 1979, subject to agreed conditions and payment order.

Court Disposition

appeal upheld

Orders

  • ['Leave granted to rely on amended plans appended to the consent orders.' 'Applicant to pay respondent the agreed sum of one dollar within twenty-eight days pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979.' 'Development Application 10.2005.730.1 for subdivision of land (Lot 282 DP 1018663...