Young v Newcastle City Council (No.2) [2007] NSWLEC 57
The development application is worthy of approval in all respects and the acquisition of the drainage easement is reasonably necessary for the proposed development, warranting approval subject to these conditions.
Source-derived case information.
- Parties
- Applicant: Bonnie Alissandra Young; Respondent: Newcastle City Council
- Jurisdiction
- Australia
- Judgment Date
- 06 March 2007
- Procedural Posture
- Development Application Appeal / Judgment Following Hearing and Submissions; Consent Orders
- Outcome
- Appeal upheld; development application approved subject to conditions.
- Legal Topics
- Development Application, Drainage Easement, Flooding, Multi Unit Housing
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bonnie Alissandra Young
Applicant
Newcastle City Council
Respondent
Procedural Posture
Development Application Appeal / Judgment Following Hearing and Submissions; Consent Orders
Legal Issues
- 1 Whether the development application for multi-unit housing should be approved, subject to acquisition of a downstream drainage easement
- 2 Whether the drainage easement is reasonably necessary for the development
Ratio Decidendi
The development application is worthy of approval in all respects and the acquisition of the drainage easement is reasonably necessary for the proposed development, warranting approval subject to these conditions.
Court Disposition
Appeal upheld; development application approved subject to conditions.
Orders
- The appeal is upheld.
- Development Application No. 03/0444, submitted to Newcastle City Council is approved subject to conditions contained in Annexure 'A'.
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