Land Specialists Pty Ltd v Port Stephens Council (No 2) [2021] NSWLEC 1683

Land Specialists Pty Ltd v Port Stephens Council (No 2) [2021] NSWLEC 1683

The Court had previously determined that it was appropriate to grant development consent subject to conditions, and after the parties filed agreed conditions the appeal was upheld and the development application was approved subject to the conditions in Annexure A.

Jurisdiction
Australia
Judgment Date
09 November 2021
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Ex Tempore Judgment and Agreed Conditions
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'subdivision for Residential Purposes' 'airport Noise' 'internal and External Amenity' 'public Interest' 'development Consent']
['planning and Environment Law'] ['development Application' 'subdivision for Residential Purposes' 'airport Noise' 'internal and External Amenity' 'public Interest' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Ex Tempore Judgment and Agreed Conditions

Legal Issues

  1. 1 ['Whether development consent should be granted for the subdivision of lots 4 and 5 in Deposited Plan 239141 known as 171 and 173 Richardson Road, Raymond Terrace subject to conditions.' 'Whether the subdivision for residential purposes near Newcastle airport affected by airport noise should be approved.']

Ratio Decidendi

The Court had previously determined that it was appropriate to grant development consent subject to conditions, and after the parties filed agreed conditions the appeal was upheld and the development application was approved subject to the conditions in Annexure A.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Appeal is upheld.' 'Development application number 16-2021-16-1 for the subdivision of land being lots 4 and 5 in Deposited Plan 239141 known as 171 and 173 Richardson Road, Raymond Terrace is determined by approval subject to the conditions in Annexure A.' 'Exhibits other than exhibits A, B, C and 2 to be...