Murdoch v Upper Hunter Shire Council [2023] NSWLEC 1315

Murdoch v Upper Hunter Shire Council [2023] NSWLEC 1315

The appeal is upheld and the development application, as amended and agreed by the parties, is approved subject to conditions, as all relevant statutory and planning controls are satisfied.

Parties
First Applicant: Scott William Murdoch; Second Applicant: Rachel Ellen Murdoch; Respondent: Upper Hunter Shire Council
Jurisdiction
Australia
Judgment Date
21 June 2023
Procedural Posture
Appeal / Judgment After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
Development Application, Subdivision, Conciliation Conference, Agreement Between Parties
Planning and Environment Development Application Subdivision Conciliation Conference Agreement Between Parties

Case Brief

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Parties

Scott William Murdoch

First Applicant

Rachel Ellen Murdoch

Second Applicant

Upper Hunter Shire Council

Respondent

Procedural Posture

Appeal / Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application should be approved for subdivision of one lot into two at Lot 22 DP 1235763.
  2. 2 Compliance with applicable planning controls including minimum lot size and service availability.

Ratio Decidendi

The appeal is upheld and the development application, as amended and agreed by the parties, is approved subject to conditions, as all relevant statutory and planning controls are satisfied.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application DA25-2022, for subdivision of one lot into two at Lot 22 DP 1235763, being 2912 New England Highway Scone is approved subject to the conditions at Annexure A.