Christopher John Mobbs v Kempsey Shire Council [2006] NSWLEC 284

Christopher John Mobbs v Kempsey Shire Council [2006] NSWLEC 284

The separation between the proposed new dwelling and future industrial uses to the east is adequate if an acoustic buffer is provided by future industrial land; the proposal complies with the objectives of the 1(d) zoning, and approval, subject to conditions, is appropriate.

Parties
Applicant: Christopher John Mobbs; Respondent: Kempsey Shire Council
Jurisdiction
Australia
Judgment Date
25 May 2006
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Final Judgment
Outcome
appeal upheld, development application approved subject to conditions
Legal Topics
Development Application, Zoning, Industrial Land Use, Acoustic Separation, Ecologically Sustainable Development
Planning and Environment Law Development Application Zoning Industrial Land Use Acoustic Separation Ecologically Sustainable Development

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Parties

Christopher John Mobbs

Applicant

Kempsey Shire Council

Respondent

Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Final Judgment

Legal Issues

  1. 1 Whether the separation between the proposed new dwelling and future industrial uses nearby to the east is adequate
  2. 2 Whether the proposed location of the dwelling complies with the objectives of the 1(d) zoning
  3. 3 Whether approval of the dwelling would undermine future industrial land use or economic development

Ratio Decidendi

The separation between the proposed new dwelling and future industrial uses to the east is adequate if an acoustic buffer is provided by future industrial land; the proposal complies with the objectives of the 1(d) zoning, and approval, subject to conditions, is appropriate.

Court Disposition

appeal upheld, development application approved subject to conditions

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.
  • Development application No T6-05-182 to erect a dwelling house and shed at Lot 151, DP 752417, Grass Tree Road, South Kempsey is approved subject to Conditions No 1 to 24.