Larry Karlos v Tweed Shire Council; Matthew Karlos v Tweed Shire Council [2019] NSWLEC 1418

Larry Karlos v Tweed Shire Council; Matthew Karlos v Tweed Shire Council [2019] NSWLEC 1418

Consent for the helipad was granted because it is a permissible use in the RU2 Rural Landscape zone, conditions of consent adequately mitigate acoustic and amenity impacts, and there is no evidence of unacceptable impacts. The existence of an alternative site is not a basis for refusal.

Jurisdiction
Australia
Judgment Date
09 September 2019
Procedural Posture
Class 1 Development Appeal / Final Determination, Grant of Consent
Outcome
Appeals upheld; development consent granted subject to conditions; no orders as to costs.
Legal Topics
['development Consent' 'helipad' 'acoustic Impact' 'rural Zoning' 'compatibility With Land Use' 'trial Consent']
['planning and Environment Law'] ['development Consent' 'helipad' 'acoustic Impact' 'rural Zoning' 'compatibility With Land Use' 'trial Consent']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Final Determination, Grant of Consent

Legal Issues

  1. 1 ['Whether development consent should be granted for helipad applications' 'Whether helipad is compatible with rural zoning and landscape character' 'Whether acoustic impacts are acceptable' 'Whether existence of alternative site (Gold Coast Airport) is relevant' 'Whether ecological and amenity impacts are acceptable']

Ratio Decidendi

Consent for the helipad was granted because it is a permissible use in the RU2 Rural Landscape zone, conditions of consent adequately mitigate acoustic and amenity impacts, and there is no evidence of unacceptable impacts. The existence of an alternative site is not a basis for refusal.

Court Disposition

Appeals upheld; development consent granted subject to conditions; no orders as to costs.

Orders

  • ['Appeal upheld for both proceedings.' 'Development consent granted to Development Application No. 17/0805 for a helipad for personal use ancillary to the dwelling house at 477 Urliup Road, Bilambil, subject to conditions (Annexure A1 and A2).' 'Trial period of 6 months imposed.' 'No refuelling permitted on site.'...