Private Property Pty Ltd v Mid-Coast Council (No.2) [2023] NSWLEC 1040

Private Property Pty Ltd v Mid-Coast Council (No.2) [2023] NSWLEC 1040

Following the Principal Judgment, the parties filed final agreed conditions of consent, enabling the Court to make final orders disposing of the appeal by upholding it and granting consent to development application DA346/2020 subject to the conditions at Annexure 'A'.

Jurisdiction
Australia
Judgment Date
02 February 2023
Procedural Posture
Class 1 Appeal Concerning Development Application Da346/2020 / Consequential Orders
Outcome
The appeal is upheld and development application DA346/2020 is determined by the grant of consent, subject to conditions.
Legal Topics
['proposed Pet Resort' 'acoustic Impacts' 'ecology Impacts' 'plan of Management' 'conditions of Consent']
['development Application' 'planning and Environment'] ['proposed Pet Resort' 'acoustic Impacts' 'ecology Impacts' 'plan of Management' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Development Application Da346/2020 / Consequential Orders

Legal Issues

  1. 1 ['Whether acoustic impacts are acceptable' 'Whether ecology impacts are acceptable' "Consideration of the Applicant's plan of management" 'Conditions of consent']

Ratio Decidendi

Following the Principal Judgment, the parties filed final agreed conditions of consent, enabling the Court to make final orders disposing of the appeal by upholding it and granting consent to development application DA346/2020 subject to the conditions at Annexure 'A'.

Court Disposition

The appeal is upheld and development application DA346/2020 is determined by the grant of consent, subject to conditions.

Orders

  • ['The appeal is upheld.' "The Applicant's development application DA346/2020 seeking consent for a pet resort comprising a single dwelling on a single level with indoor facilities and an outdoor play area, attached car park with access via an existing sealed access road on Lot 120 in DP 848596, also known as 96...