Green v Tweed Shire Council [2009] NSWLEC 1073

Green v Tweed Shire Council [2009] NSWLEC 1073

The application warrants approval as amended due to the applicants' acceptance of conditions involving noise abatement, building upgrades, and a trial period, ensuring the development aligns with rural amenity objectives and addresses community concerns.

Parties
Applicant: Lesley and Linda Green; Respondent: Tweed Shire Council
Jurisdiction
Australia
Judgment Date
02 March 2009
Procedural Posture
Appeal / Ex Tempore Judgment on Final Determination After Conciliation Conference
Outcome
appeal upheld
Legal Topics
Development Application, Noise Abatement, Animal Facilities, Local Environmental Plan
Planning Law Environmental Law Development Application Noise Abatement Animal Facilities Local Environmental Plan

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Parties

Lesley and Linda Green

Applicant

Tweed Shire Council

Respondent

Procedural Posture

Appeal / Ex Tempore Judgment on Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether the application for upgraded greyhound kennels with noise abatement measures should be approved under the Tweed Local Environmental Plan 2000
  2. 2 Whether the proposed development is compatible with the rural character and amenity
  3. 3 Whether conditions addressing noise and management are sufficient to mitigate adverse impacts

Ratio Decidendi

The application warrants approval as amended due to the applicants' acceptance of conditions involving noise abatement, building upgrades, and a trial period, ensuring the development aligns with rural amenity objectives and addresses community concerns.

Court Disposition

appeal upheld

Orders

  • The Development Application Appeal DA06/1332 is upheld.
  • Council is given leave to submit an updated management plan and Final Conditions by close of business 4 March 2009.