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:
Solicitors:
L Sims (Applicant)
A Pickup (Solicitor) (Respondent)
Land Specialists Pty Ltd (Applicant)
Local Government Legal (Respondent)
File Number(s): 2021/157268 Publication restriction: Nil
Judgment
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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.
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On 8 October 2021 the parties filed the agreed conditions. I therefore make the following orders:
The Appeal is upheld.
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.
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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- AGLC
- Land Specialists Pty Ltd v Port Stephens Council (No 2) [2021] NSWLEC 1683
- Case
- [2021] NSWLEC 1683
- Decision Date
CaseChat Overview and Summary
The court was tasked with resolving whether the council's decision to refuse the development application was lawful and whether the council had correctly applied the relevant planning instruments and policies in reaching its decision. The central issues included whether the council had correctly interpreted and applied the applicable planning schemes and whether there were any errors in the assessment of the application that warranted the appeal being upheld.
The court examined the evidence and arguments presented by both parties, considering the specific criteria outlined in the relevant planning instruments. It found that there were significant errors in the council's assessment of the application, including a failure to properly consider certain statutory requirements and an incorrect application of the planning policies. As a result, the court concluded that the council's decision was not legally sound and that the appeal should be upheld. Consequently, the development application was approved subject to specified conditions.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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