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Ball Avenue Pty Limited v City of Ryde .

País/Territorio
Australia
Tipo de la corte
Otros
Fecha
Ene 12, 2010
Fuente
UNEP, InforMEA
Nombre del tribunal
Land and Environment Court of New South Wales
Juez
Moore.
Número de referencia
[2010] NSWLEC 1057
Idioma
Inglés
Materia
Medio ambiente gen., Tierra y suelos
Palabra clave
Especies de plantas protegidas Especies animales protegidas Especies de peces protegidas Desarrollo sostenible Protecíon de las especies
Resumen
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.
Texto completo
COU-156934.pdf