Osbourne v Byron Shire Council [2010] NSWLEC 1139

Osbourne v Byron Shire Council [2010] NSWLEC 1139

The Director-General's concurrence to the development application has been granted with restrictions, and there are no objections; therefore, the appeal is upheld and the development application is approved subject to conditions.

Jurisdiction
Australia
Judgment Date
04 May 2010
Procedural Posture
Development Application Appeal / Final Hearing
Outcome
appeal upheld
Legal Topics
['development Consent' 'concurrence of Director General' 'alterations to Dwelling']
['planning Law' 'environmental Law'] ['development Consent' 'concurrence of Director General' 'alterations to Dwelling']

Case Brief

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Procedural Posture

Development Application Appeal / Final Hearing

Legal Issues

  1. 1 ["Whether the Director-General's concurrence has been granted for the development application" 'Whether consent should be given for alterations and additions to an existing dwelling']

Ratio Decidendi

The Director-General's concurrence to the development application has been granted with restrictions, and there are no objections; therefore, the appeal is upheld and the development application is approved subject to conditions.

Court Disposition

appeal upheld

Orders

  • ['The Appeal is upheld.' 'Development Application DA10.2008.7001 for alterations and additions to an existing dwelling house on the land at 14 Gaggin Street, New Brighton, is approved subject to the conditions in Annexure "A".']