NSW Caselaw
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
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