Funtime Investments Pty Limited v Yass Shire Council (No 2) [2004] NSWLEC 364

Funtime Investments Pty Limited v Yass Shire Council (No 2) [2004] NSWLEC 364

After considering the evidence responding to the remaining objections, the Court accepted Mr De Szell's opinion that a timber fence, not a colourbond fence, was appropriate and accepted the heritage evidence that the proposed development conformed with the relevant Dutton Street precinct characteristics. The unresolved objections did not prevent consent being granted to the amended development subject to conditions.

Jurisdiction
Australia
Judgment Date
25 May 2004
Procedural Posture
Development Application Appeal Against Refusal of Development Application 367 of 2002 / Ex Tempore Judgment Concerning Proposed Consent Orders After Notification of Objectors
Outcome
Consent to the amended development proposed to be granted subject to conditions of consent.
Legal Topics
['development Application' 'consent Orders' 'objector Notification' 'heritage Impact' 'boundary Fencing']
['planning and Environment Law'] ['development Application' 'consent Orders' 'objector Notification' 'heritage Impact' 'boundary Fencing']

Case Brief

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Procedural Posture

Development Application Appeal Against Refusal of Development Application 367 of 2002 / Ex Tempore Judgment Concerning Proposed Consent Orders After Notification of Objectors

Legal Issues

  1. 1 ['Whether proposed consent orders should be made for the amended development application for eleven strata villa units at 37 Dutton Street, Yass.' 'Whether unresolved objector concerns about boundary fencing and heritage character prevented the Court from granting consent.' 'Whether a colourbond boundary fence should be required instead of a timber fence.' 'Whether the proposed development was out of character with the Dutton Street precinct.']

Ratio Decidendi

After considering the evidence responding to the remaining objections, the Court accepted Mr De Szell's opinion that a timber fence, not a colourbond fence, was appropriate and accepted the heritage evidence that the proposed development conformed with the relevant Dutton Street precinct characteristics. The unresolved objections did not prevent consent being granted to the amended development subject to conditions.

Court Disposition

Consent to the amended development proposed to be granted subject to conditions of consent.

Orders

  • ['The Court will issue appropriate orders in Chambers to give consent to the development when the conditions of consent are made available to the Court.']