NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: McFadden v Upper Hunter Shire Council [2024] NSWLEC 1112 Hearing dates: Conciliation conference on 8 March 2024 Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No DA 30-2022 for a helipad is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION: helipad in RU1 zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38, Sch 3 s 4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.3, 3.3, 3.6, Chs 2, 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Hunter Local Environmental Plan 2013, cll 6.1, 6.7, 6.8, 6.10 Texts Cited: Upper Hunter Community Participation Plan 2019 Category: Principal judgment Parties: John McFadden (First Applicant) Izabella McFadden (Second Applicant) Upper Hunter Shire Council (Respondent) Representation: Counsel: J Zorzetto (Solicitor) (Applicants) A Rutherford (Solicitor) (Respondent)
Solicitors: HWL Ebsworth (Applicants) Lindsay Taylor Lawyers (Respondent) File Number(s): 2023/117401 Publication restriction: Nil
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