Land Specialists Pty Ltd v Port Stephens Council (No 2)

[2021] NSWLEC 1683

Land and Environment Court

New South Wales

Medium Neutral Citation:

Land Specialists Pty Ltd v Port Stephens Council (No 2) [2021] NSWLEC 1683

Hearing dates:

23 and 24 September 2021

Date of orders:

09 November 2021

Decision date:

09 November 2021

Jurisdiction:

Class 1

Before:

Clay AC

Decision:

The Court orders:

(1) The Appeal is upheld.

(2) Development application number 16-2021-16-1 for the subdivision of land being lots 4 and 5 in Deposited Plan 239141 known as 171 and 173 Richardson Road, Raymond Terrace is determined by approval subject to the conditions in Annexure A.

(3) Exhibits other than exhibits A, B, C and 2 to be returned.

Catchwords:

DEVELOPMENT APPLICATION – subdivision for residential purposes – near to Newcastle airport – affected by airport noise – consideration of Australian Standard – internal and external amenity of future dwellings – public interest – development consent granted

Cases Cited:

Land Specialists Pty Ltd v Port Stephens Council [2021] NSWLEC 1681

Category:

Principal judgment

Parties:

Land Specialists Pty Ltd (Applicant)
Port Stephens Council (Respondent)

Representation:

Counsel:
L Sims (Applicant)
A Pickup (Solicitor) (Respondent)

Solicitors:
Land Specialists Pty Ltd (Applicant)
Local Government Legal (Respondent)

File Number(s):

2021/157268

Publication restriction:

Nil

Judgment

1. On 24 September 2021 I delivered an ex tempore judgment (Land Specialists Pty Ltd v Port Stephens Council [2021] NSWLEC 1681) wherein I determined that it was appropriate to grant development consent subject to conditions and made directions for the parties to provide agreed conditions in accordance with my reasons.

2. On 8 October 2021 the parties filed the agreed conditions. I therefore make the following orders:

1. The Appeal is upheld.

2. Development application number 16‑2021‑16‑1 for the subdivision of land being lots 4 and 5 in Deposited Plan 239141 known as 171 and 173 Richardson Road, Raymond Terrace is determined by approval subject to the conditions in Annexure A.

3. Exhibits other than exhibits A, B, C and 2 to be returned.

…………………………

P Clay

Acting Commissioner of the Court

Annexure A (188164, pdf)

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Decision last updated: 09 November 2021