Nessdee Pty Limited v Orange City Council (No 2) [2017] NSWLEC 182

Land and Environment Court New South Wales

Medium Neutral Citation: Nessdee Pty Limited v Orange City Council (No 2) [2017] NSWLEC 182 Hearing dates: 15–18 August, 3 and 6–7 November and 19 December 2017 Date of orders: 19 December 2017 Decision date: 19 December 2017 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The applicant is granted leave to amend its development application for a heliport to be as described in the plans and documents specified in condition 1 of the development consent in Attachment A. (2) The applicant is to pay the costs of the first respondent that are thrown away as a result of amending the development application. (3) The appeal is upheld. (4) Development consent is granted to development application no. 324/2015(1) for use as a heliport together with ancillary elements including pilot accommodation, classroom based pilot training, refuelling arrangements and extension to the existing hangar and office at 4898 Mitchell Highway, Orange (in Lot 1 of DP90167) on the conditions in Attachment A. Catchwords: APPEAL – heliport – amendment of development application – order for payment of costs thrown away – appeal upheld – development consent granted on conditions Legislation Cited: Environmental Planning and Assessment Act 1979 s 97B(2) Cases Cited: Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158 Category: Principal judgment Parties: Nessdee Pty Limited (Applicant) Orange City Council (First Respondent) Mr Gavin Alston (Second Respondent) Ms Esme Alston (Third Respondent) Representation: Counsel: Mr C McEwen SC and Mr M Staunton (Applicant) Mr P Clay SC and Ms J Reid (First Respondent)