Hunter v Byron Shire Council [2012] NSWLEC 1256

Hunter v Byron Shire Council [2012] NSWLEC 1256

Having considered the amended plans and the issues raised by the objectors, the Court was satisfied that it was lawful and appropriate to grant consent to the amended modification application having regard to the whole of the circumstances.

Jurisdiction
Australia
Judgment Date
11 September 2012
Procedural Posture
Class 1 Development Appeal Concerning Modification Application No. 10.2009.427.2 for a Proposed Farm Storage Shed and Retaining Wall / Consent Orders
Outcome
Appeal upheld; modification application approved; no order as to costs.
Legal Topics
['modification of Development Consent' 'consent Orders' 'farm Storage Shed and Retaining Wall' 'resident Objectors']
['planning and Environment Law'] ['modification of Development Consent' 'consent Orders' 'farm Storage Shed and Retaining Wall' 'resident Objectors']

Case Brief

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Procedural Posture

Class 1 Development Appeal Concerning Modification Application No. 10.2009.427.2 for a Proposed Farm Storage Shed and Retaining Wall / Consent Orders

Legal Issues

  1. 1 ['Whether it was lawful and appropriate to grant consent orders approving the amended modification application under section 96(1A) of the Environmental Planning and Assessment Act 1979.' "Whether the resident objectors' concerns about the dimensions and position of the proposed shed and retaining walls had been properly taken into account."]

Ratio Decidendi

Having considered the amended plans and the issues raised by the objectors, the Court was satisfied that it was lawful and appropriate to grant consent to the amended modification application having regard to the whole of the circumstances.

Court Disposition

Appeal upheld; modification application approved; no order as to costs.

Orders

  • ['The applicant is given leave to substitute the plans filed in the proceedings for the plans entitled "Retaining Wall Plan" and "Rock Wall & Sediment Fence Details", Drawing no H02E and H03, by Rob Aungle and Associates, dated 20 August 2012, annexed and marked "A".' 'The appeal is upheld.' 'The application...