Hartley v Blacktown City Council [2005] NSWLEC 454

Hartley v Blacktown City Council [2005] NSWLEC 454

Consent is granted to the helipad development application as the imposed conditions address noise and flight path concerns, and the application demonstrates compliance with relevant LEP objectives.

Jurisdiction
Australia
Judgment Date
15 August 2005
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'helipad' 'noise' 'landscaping' 'nursery']
['planning and Environment'] ['development Application' 'helipad' 'noise' 'landscaping' 'nursery']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether development application for private helipad should be approved' 'Noise disruption and disamenity to neighbouring properties' 'Compliance with LEP objectives']

Ratio Decidendi

Consent is granted to the helipad development application as the imposed conditions address noise and flight path concerns, and the application demonstrates compliance with relevant LEP objectives.

Court Disposition

appeal upheld; development application approved subject to conditions

Orders

  • ['The appeal is upheld.' "Development application for a helipad for private use associated with residential and plant nursery and arboricultural, horticultural and agricultural use of Lot 89 DP 28847, being 58 South Creek Road, Shanes Park, is determined by the grant of consent subject to the conditions set out in...