NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Ward v Port Stephens Council (No 2) [2023] NSWLEC 1493 Hearing dates: 16-17 February 2022; 11 March 2022; 13 April 2022 Date of orders: 31 August 2023 Decision date: 31 August 2023 Jurisdiction: Class 1 Before: Adam AC Decision: The Court orders: (1) The appeal is upheld. (2) Development application no. 16-2019-135-1, as modified during the course of the proceedings, for the construction of a single-storey dwelling house on an approved flood mound at 1 Swanreach Road, Hinton NSW 2321, is determined by the grant of consent, subject to the conditions in Annexure A. (3) The exhibits are retained. Catchwords: DEVELOPMENT APPLICATION – single storey dwelling house – refusal – s34AA – no agreement reached between the parties – development application modified to include flood refuge in attic – Court requested changes to draft conditions – amended conditions provided Legislation Cited: Conveyancing Act 1919, s 88E Land and Environment Court Act 1979, s 34AA Cases Cited: Ward v Port Stephens Council [2023] NSWLEC 1423 Category: Principal judgment Parties: Neil Andrew Ward (First Applicant) Bronwyn Patricia Ward (Second Applicant) Port Stephens Council (Respondent) Representation: Counsel: M Staunton (Applicants) H Irish (Respondent)
Solicitors: Peter Evans & Associates Solicitors (Applicants) Local Government Legal (Respondent) File Number(s): 2021/285440 Publication restriction: Nil
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