Pacific Rim Accommodation Group Pty Ltd v Mid Coast Council [2017] NSWLEC 1640

Pacific Rim Accommodation Group Pty Ltd v Mid Coast Council [2017] NSWLEC 1640

The Court was satisfied that the agreed conditions of consent were appropriate and addressed the matters originally in contention and the issues raised by objectors, including the access handle and noise attenuation; there was therefore no reason not to approve the development application.

Jurisdiction
Australia
Judgment Date
14 November 2017
Procedural Posture
Class 1 Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No.279/2016 / Final Hearing and Orders After S 34 Conciliation Conference Was Terminated
Outcome
Appeal upheld; Development Application No.279/2016 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'caravan Park' 'manufactured Home Estate' 'subdivision' 'integrated Development' 'relocation of Dunns Creek' 'access Works' 'noise Attenuation' 'visual Screening']
['planning and Environment' 'development Consent' 'local Government'] ['development Application' 'deemed Refusal Appeal' 'caravan Park' 'manufactured Home Estate' 'subdivision' 'integrated Development' 'relocation of Dunns Creek' 'access Works' 'noise Attenuation' 'visual Screening']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No.279/2016 / Final Hearing and Orders After S 34 Conciliation Conference Was Terminated

Legal Issues

  1. 1 ['Whether Development Application No.279/2016 for a caravan park/manufactured home estate at 223 The Lakes Way, Forster should be approved subject to conditions' "Whether conditions should require works addressing access from Tea Tree Road having regard to the neighbour's right of carriageway" 'Whether conditions should address presentation to The Lakes Way and noise attenuation measures adjacent to The Lakes Way' "Whether objectors' concerns about access, the nature of dwellings, access to The Lakes Way and upstream drainage impacts had been addressed"]

Ratio Decidendi

The Court was satisfied that the agreed conditions of consent were appropriate and addressed the matters originally in contention and the issues raised by objectors, including the access handle and noise attenuation; there was therefore no reason not to approve the development application.

Court Disposition

Appeal upheld; Development Application No.279/2016 approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' "Development Application No.279/2016 is approved subject to the conditions in Annexure 'A'." 'Exhibits may be returned except for Exhibit 1 and A.']