Private Property Pty Ltd v Mid-Coast Council (No.2)

[2023] NSWLEC 1040

Land and Environment Court

New South Wales

Medium Neutral Citation:

Private Property Pty Ltd v Mid-Coast Council (No.2) [2023] NSWLEC 1040

Hearing dates:

6, 7 and 28 June 2022

Date of orders:

2 February 2023

Decision date:

02 February 2023

Jurisdiction:

Class 1

Before:

Chilcott C

Decision:

The Court orders:

(1) The appeal is upheld.

(2) The Applicant’s development application DA346/2020 seeking consent for a pet resort, comprising a single dwelling on a single level with indoor facilities and an outdoor play area, attached car park with access via an existing sealed access road on Lot 120 in DP 848596, also known as 96 Coomba Road, Charlotte Bay, is determined by the grant of consent, subject to the conditions at Annexure ‘A’.

(3) The exhibits are returned, except Exhibits A, B and 2.

Catchwords:

DEVELOPMENT APPLICATION – proposed pet resort – whether acoustic impacts are acceptable – whether ecology impacts are acceptable – consideration of Applicant’s plan of management - conditions of consent.

Cases Cited:

Private Property Pty Ltd v Mid-Coast Council [2022] NSWLEC 1738

Category:

Consequential orders

Parties:

Private Property Pty Ltd (Applicant)
Mid-Coast Council (Respondent)

Representation:

Counsel:
A McKelvey (Solicitor) (Applicant)
A Pickup (Solicitor) (Respondent)

Solicitors:
Sparke Helmore (Applicant)
Local Government Legal (Respondent)

File Number(s):

2021/328094

Publication restriction:

Nil

JUDGMENT

1. COMMISSIONER: On 23 December 2022, I handed down my reasons in the Class 1 appeal (Private Property Pty Ltd v Mid-Coast Council [2022] NSWLEC 1738) (the Principal Judgment).

2. In the Principal Judgment the Parties were directed to prepare and file at Court final settled conditions of consent, consistent with findings in this judgment.

3. The Parties have now filed their final agreed conditions of consent such that the Court can make final orders to dispose of the appeal.

Orders

4. The Court orders:

1. The appeal is upheld.

2. The Applicant’s development application DA346/2020 seeking consent for a pet resort comprising a single dwelling on a single level with indoor facilities and an outdoor play area, attached car park with access via an existing sealed access road on Lot 120 in DP 848596, also known as 96 Coomba Road, Charlotte Bay, is determined by the grant of consent, subject to the conditions at Annexure ‘A’.

3. The exhibits are returned, except Exhibits A,B and 2.

…………………………..

M Chilcott

Commissioner of the Court

Annexure A (238769, pdf)

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Decision last updated: 02 February 2023