Ryan v Port Stephens Council [2008] NSWLEC 66

Land and Environment Court of New South Wales

CITATION : Ryan v Port Stephens Council [2008] NSWLEC 66

APPLICANT Mark Joseph Ryan and Diane Ryan PARTIES : RESPONDENT Port Stephens Council

FILE NUMBER(S) : 10613 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- erection of a dwelling and the consolidation of four lots into one lot - impact of aircraft noise

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75

DATES OF HEARING: 07/02/08

DATE OF JUDGMENT: 26 February 2008

APPLICANT Mr G Williams, solicitor SOLICITORS Thompson Norrie LEGAL REPRESENTATIVES: RESPONDENT Mr P Jayne, solicitor SOLICITORS Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

26 February 2008

10613 of 2007 Mark Joseph Ryan and Diane Ryan v Port Stephens Council

JUDGMENT 1 COMMISSIONER: This an appeal against the refusal by Port Stephens Council (the council) of Development Application 16-2006-1258-2 for the erection of a dwelling and the consolidation of four lots into one lot at 198, 200, 202 and 204 Lemon Tree Passage Road, Salt Ash (the site).

2 The sole issue raised by the council was the likely impact of aircraft noise on the proposed dwelling. The site and surrounding area 3 The site comprises four separate lots being Lots 2, 3, 4 and 5 in DP 227579. The site has a northern street frontage of 79.053 m to Lemon Tree Passage Road, an eastern side boundary of 54.2 m. a western side boundary of 58.5 m and an irregular rear boundary to the mean high water mark of Tilligerry Creek. The total site area is 4181 sq m. It is currently vacant and generally flat with a few existing trees.