Michael Flanagan v Gwydir Shire Council [2016] NSWLEC 1608

Michael Flanagan v Gwydir Shire Council [2016] NSWLEC 1608

The appeal is upheld, and the development application is approved in accordance with the agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, as the decision is one the Court could have made in the proper exercise of its functions.

Parties
Applicant: Michael Flanagan; Respondent: Gwydir Shire Council
Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Animal Breeding Facility, Conciliation Conference, Section 34 Agreement, Development Consent
Planning and Environment Development Application Animal Breeding Facility Conciliation Conference Section 34 Agreement Development Consent

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Parties

Michael Flanagan

Applicant

Gwydir Shire Council

Respondent

Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the continued use of the property as an animal breeding/training facility should be approved
  2. 2 Whether the proposed structures and activities comply with animal welfare codes and public interest
  3. 3 Whether a negotiated agreement under s 34(3) of the Land and Environment Court Act 1979 is permissible

Ratio Decidendi

The appeal is upheld, and the development application is approved in accordance with the agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, as the decision is one the Court could have made in the proper exercise of its functions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld.
  • Development Application No. DA-11/2015 for an animal boarding or training establishment being a dog breeding facility on Part Lot 95 DP 554861 also known as 556 Onus Road Copeton is approved subject to the conditions of development consent set out in Annexure 'A'.