Hambilton & Anor v Young Shire Council [2014] NSWLEC 1120
The evidence established that relocation of the dog runs, as required by condition 9, would substantially attenuate noise impact to neighbours, whereas the applicant's alternative proposal would not achieve a comparable reduction; thus, operational inconvenience to the applicants was insufficient to warrant deletion of the condition.
- Parties
- Applicant: Maria A Hambilton; Applicant: Patrick G Hambilton; Respondent: Young Shire Council
- Jurisdiction
- Australia
- Judgment Date
- 04 June 2014
- Procedural Posture
- Class 1 Appeal / Judgment After Conciliation Conference and Hearing
- Outcome
- Appeal dismissed
- Legal Topics
- Development Consent Conditions, Acoustic Impacts, Nuisance – Noise, Residential Zoning
Case Brief
Summary, issues, holding and outcome
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Parties
Maria A Hambilton
Applicant
Patrick G Hambilton
Applicant
Young Shire Council
Respondent
Procedural Posture
Class 1 Appeal / Judgment After Conciliation Conference and Hearing
Legal Issues
- 1 Whether condition 9 of the development consent requiring relocation of dog runs should be deleted
- 2 Whether the current location of dog runs results in unreasonable noise impacts to adjoining property
Ratio Decidendi
The evidence established that relocation of the dog runs, as required by condition 9, would substantially attenuate noise impact to neighbours, whereas the applicant's alternative proposal would not achieve a comparable reduction; thus, operational inconvenience to the applicants was insufficient to warrant deletion of the condition.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
- Modification application 2010/DA-00182 REV02 is refused.
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