Montgomery v Byron Shire Council [2010] NSWLEC 1266

Montgomery v Byron Shire Council [2010] NSWLEC 1266

Despite minor breach of the Building Height Plane, all necessary statutory requirements have been fulfilled and objections do not warrant refusal, so consent orders are granted for the development application.

Parties
Applicant: Paul Ian Montgomery; Respondent: Byron Shire Council
Jurisdiction
Australia
Judgment Date
17 September 2010
Procedural Posture
Development Appeal / Consent Orders—hearing and Determination
Outcome
Appeal upheld; consent granted by order
Legal Topics
Development Application, Strata Subdivision, Character of Area, Traffic Impact, Flooding, Consent Orders
Planning and Environment Law Development Application Strata Subdivision Character of Area Traffic Impact Flooding Consent Orders

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Parties

Paul Ian Montgomery

Applicant

Byron Shire Council

Respondent

Procedural Posture

Development Appeal / Consent Orders—hearing and Determination

Legal Issues

  1. 1 Whether consent should be granted for relocation and modification of existing dwelling and two lot strata subdivision at 8 Park Street, New Brighton
  2. 2 Whether objections regarding character, traffic, and flooding warrant refusal of application

Ratio Decidendi

Despite minor breach of the Building Height Plane, all necessary statutory requirements have been fulfilled and objections do not warrant refusal, so consent orders are granted for the development application.

Court Disposition

Appeal upheld; consent granted by order

Orders

  • The appeal is upheld.
  • Development Application DA10.2009.297.1 for a two (2) lot strata subdivision and the relocation and redesign of the existing dwelling house is approved subject to the conditions in Annexure 'A'.