Hejtmanek v Byron Shire Council [2021] NSWLEC 1058
Upon consideration of the amended plans, supporting documentation, and agreed conditions of consent, the appeal is upheld and consent is granted to the development application, as jurisdictional prerequisites and statutory requirements have been satisfied.
- Parties
- Applicant: Sandra Hejtmanek; Respondent: Byron Shire Council
- Jurisdiction
- Australia
- Judgment Date
- 08 February 2021
- Procedural Posture
- Class 1 Development Application Appeal / Final Orders After Agreement at Conciliation Conference
- Outcome
- Appeal upheld, development consent granted subject to conditions
- Legal Topics
- Development Application, Flood Risk, Solar Access, Residential Zoning, Planning Controls
Case Brief
Summary, issues, holding and outcome
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Parties
Sandra Hejtmanek
Applicant
Byron Shire Council
Respondent
Procedural Posture
Class 1 Development Application Appeal / Final Orders After Agreement at Conciliation Conference
Legal Issues
- 1 Whether additions and secondary dwelling comply with planning controls
- 2 Whether flood risk is adequately mitigated
- 3 Whether proposed development is suitable for the site
Ratio Decidendi
Upon consideration of the amended plans, supporting documentation, and agreed conditions of consent, the appeal is upheld and consent is granted to the development application, as jurisdictional prerequisites and statutory requirements have been satisfied.
Court Disposition
Appeal upheld, development consent granted subject to conditions
Orders
- The Applicant is granted leave to amend Development Application No.10.2019.355.1 to rely on the specified amended plans and documents dated 28/01/2021.
- The appeal is upheld.
Full Case Text
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