NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Murdoch v Upper Hunter Shire Council [2023] NSWLEC 1315 Hearing dates: Conciliation conference 23 May 2023 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA25-2022, for subdivision of one lot into two at Lot 22 DP 1235763, being 2912 New England Highway, Scone is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – subdivision – amended plans – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, Sch 6, ss 3, 23, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Upper Hunter Local Environmental Plan 2013, cll 2.7, 4.1, 6.10 Texts Cited: Upper Hunter Development Control Plan 2015 Category: Principal judgment Parties: Scott William Murdoch (First Applicant) Rachel Ellen Murdoch (Second Applicant) Upper Hunter Shire Council (Respondent) Representation: Counsel: T Cork (Solicitor) (Applicants) M Caban (Solicitor) (Respondent)
Solicitors: McPhee Kelshaw (Applicants) Local Government Legal (Respondent) File Number(s): 2022/380001 Publication restriction: Nil
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