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Ball Avenue Pty Limited v City of Ryde .

Country/Territory
Australia
Type of court
Others
Date
Jan 12, 2010
Source
UNEP, InforMEA
Court name
Land and Environment Court of New South Wales
Judge
Moore.
Reference number
[2010] NSWLEC 1057
Language
English
Subject
Land & soil, Environment gen.
Keyword
Protected plant species Protected animal species Protected fish species Sustainable development Protection of species
Abstract
A number of resident objected to the a proposed residential flat building proposed for a site that has a frontage to a local stormwater channel and has, at the ends of the site, remnants of Blue Gum High Forest. The primary objections that were raised by the objectors related to the retention of the trees on the site. There was discussion as to whether a revised design was capable of achieving a reasonable development yield acceptable to the applicant but in a design fashion that was more responsive to the council’s concerns about the Blue Gum High Forest remnants and leave has been granted to amend, in terms of those revised architectural and landscaping plans subject to an order pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979 that the applicant pay the respondent council’s costs in the sum of $5,000. The design as now proposed is appropriately responsive to these concerns and the objectors matters raised no longer have a foundation to stand as an impediment to the proposal. The Commissioner therefore proposed, by consent, to issue the orders proposed by the parties to give effect to the revised design.
Full text
COU-156934.pdf