Parris v Young Shire Council [2015] NSWLEC 1164

Consent orders were made approving the amended development applications for a tourist facility and a fourteen-lot subdivision, as all substantive issues had been resolved by redesign and conditions, and statutory requirements were satisfied.

Jurisdiction: Australia
Judgment Date: 19 May 2015
Procedural Posture: Development Appeals and Associated Proceedings / Hearing and Final Orders by Consent
Outcome: Applications for the tourist facility and subdivision granted by consent with conditions. Application for tree removal discontinued by consent.
Legal Topics: ['subdivision' 'tourist Facilities' 'development Applications' 'tree Removal' 'effluent Disposal' 'drainage' 'road Design']

['planning and Environment Law'] ['subdivision' 'tourist Facilities' 'development Applications' 'tree Removal' 'effluent Disposal' 'drainage' 'road Design']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Development Appeals and Associated Proceedings / Hearing and Final Orders by Consent

Legal Issues

1 ['Whether applications for subdivision, tourist facility, and tree removal at Bendick Murrell should be approved, subject to conditions and redesigns to address environmental and infrastructure concerns']

Ratio Decidendi

Court Disposition

Applications for the tourist facility and subdivision granted by consent with conditions. Application for tree removal discontinued by consent.

Orders

['Leave to amend development applications granted as set out in orders.' "Applicant to pay consent authority's costs thrown away due to amendments, pursuant to s97B Environmental Planning and Assessment Act 1979." 'Development consents granted for amended DA 2013/DA-00092 (tourist facility) and DA 2013/DA-00051...