Dougruby Pty Ltd v Wingecarribee SC [2004] NSWLEC 706

The consent orders were granted as the development proposal, with imposed conditions, met all legislative and policy requirements and adequately addressed concerns regarding access to services and objections.

Jurisdiction: Australia
Judgment Date: 23 December 2004
Procedural Posture: Appeal / Consent Determination
Outcome: appeal upheld
Legal Topics: ['development Application' 'residential Retirement Development' 'consent Orders' 'access to Services']

['planning and Environment Law'] ['development Application' 'residential Retirement Development' 'consent Orders' 'access to Services']

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Procedural Posture

Appeal / Consent Determination

Legal Issues

1 ["Whether consent orders should be granted for a residential retirement development; Whether requirements of State Environmental Planning Policy No. 5 have been met; Whether residents' and council's concerns regarding access to services are sufficiently addressed"]

Ratio Decidendi

Court Disposition

appeal upheld

Orders

['The appeal pursuant to section 97 of the Environmental Planning and Assessment Act 1979 is upheld.' 'Development application number LUA03/1717 to construct 84 self care dwellings, four respite units with community facilities pursuant to State Environmental Planning Policy No. 5 at lots 100 and 101 DP841242 Wiseman...