Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158

Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158

The proposed heliport, as amended and with mitigation measures, will not have unacceptable noise or visual impacts, complies with accepted noise criteria, is a permissible use in the E3 zone, and is justified on the site; accordingly, development consent should be granted subject to finalising conditions and documentation.

Parties
Applicant: Nessdee Pty Limited; First Respondent: Orange City Council; Second Respondent: Mr Gavin Alston; Third Respondent: Ms Esme Alston
Jurisdiction
Australia
Judgment Date
28 November 2017
Procedural Posture
Appeal / Decision
Outcome
Appeal upheld; proposal for heliport approved subject to conditions being finalised.
Legal Topics
Development Consent, Heliport, Acoustic Impacts, Visual Impacts, Environmental Impact Statement, Public Interest, Noise Mitigation, Stormwater Management
Planning and Environment Development Consent Heliport Acoustic Impacts Visual Impacts Environmental Impact Statement Public Interest Noise Mitigation +1 more

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Parties

Nessdee Pty Limited

Applicant

Orange City Council

First Respondent

Mr Gavin Alston

Second Respondent

Ms Esme Alston

Third Respondent

Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 Whether the proposed heliport would cause unacceptable acoustic impacts on residential amenity and aesthetic values
  2. 2 Whether visual impacts would be unacceptable
  3. 3 Adequacy of EIS regarding justification and alternatives

Ratio Decidendi

The proposed heliport, as amended and with mitigation measures, will not have unacceptable noise or visual impacts, complies with accepted noise criteria, is a permissible use in the E3 zone, and is justified on the site; accordingly, development consent should be granted subject to finalising conditions and documentation.

Court Disposition

Appeal upheld; proposal for heliport approved subject to conditions being finalised.

Orders

  • Applicant to prepare, file and serve Plan of Management and Stormwater Management Report by 8 December 2017.
  • Parties to agree and file revised conditions of consent by 14 December 2017.