Brian Leslie Mitsch trading as Brian Mitsch & Associates v Berrigan Shire Council [2006] NSWLEC 772

Brian Leslie Mitsch trading as Brian Mitsch & Associates v Berrigan Shire Council [2006] NSWLEC 772

There is no reason why the court should not grant the orders sought by the parties. Condition 10 was not recommended by council officers, was imposed without proper basis, and is unnecessary given the aerodrome obstacle limitation plan and lack of remaining objections.

Parties
Applicant: Brian Leslie Mitsch t/a Brian Mitsch & Associates; Respondent: Berrigan Shire Council
Jurisdiction
Australia
Judgment Date
21 November 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Development Consent, Aerodrome Obstacle Limitation Plan, Permissible Uses, Residential Lot, Subdivision
Planning Law Development Consent Aerodrome Obstacle Limitation Plan Permissible Uses Residential Lot Subdivision

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Parties

Brian Leslie Mitsch t/a Brian Mitsch & Associates

Applicant

Berrigan Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Condition 10 restricting residential development on the residual Lot 221 should be deleted from development consent.
  2. 2 Whether the council's imposition of Condition 10 was valid.

Ratio Decidendi

There is no reason why the court should not grant the orders sought by the parties. Condition 10 was not recommended by council officers, was imposed without proper basis, and is unnecessary given the aerodrome obstacle limitation plan and lack of remaining objections.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • Condition 10 is deleted from the conditions of Development Consent No. 62/05/DA/D9 granted by the respondent.