Thomas Hilton Mooney and Cathryn Anne Mooney v Byron Shire Council [2005] NSWLEC 352

Thomas Hilton Mooney and Cathryn Anne Mooney v Byron Shire Council [2005] NSWLEC 352

The appeal is upheld and the development application is approved subject to agreed conditions, as the terms agreed between the parties satisfy the statutory requirements under s 79C of the Environmental Planning and Assessment Act 1979.

Parties
Applicant: Thomas Hilton Mooney and Cathryn Anne Mooney; Respondent: Byron Shire Council
Jurisdiction
Australia
Judgment Date
30 June 2005
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
Development Consent, Car Parking Requirements, Section 94 Contributions
Planning and Environment Law Development Consent Car Parking Requirements Section 94 Contributions

Case Brief

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Parties

Thomas Hilton Mooney and Cathryn Anne Mooney

Applicant

Byron Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether conditions 5, 7 and 8 fairly and reasonably relate to the proposed development
  2. 2 Whether conditions 5, 7 and 8 are so unreasonable that no reasonable planning authority could have imposed them
  3. 3 Whether the proposed development provides additional area for patron dining and drinking

Ratio Decidendi

The appeal is upheld and the development application is approved subject to agreed conditions, as the terms agreed between the parties satisfy the statutory requirements under s 79C of the Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.
  • Development application No 10.2002.581.1 is approved subject to Conditions 1 to 38 in Annexure A.