NSW Caselaw
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.
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