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austlii:tas/TASRMPAT/1995/262
appellant. Decision of Meander Valley Council set aside; permit granted for subdivision subject to five conditions; costs reserved for seven days, otherwise each party to bear own costs
2 cited instruments linked from this judgment.
This is a procedural decision of the Resource Management and Planning Appeal Tribunal of Tasmania. The appellant, SR Cunningham, appealed against the Meander Valley Council's refusal to grant planning approval for a subdivision. The parties attended a mediation conference and reached agreement. The Tribunal approved the settlement, setting aside the Council's decision and granting a permit subject to conditions including compliance with approved plans, provision of services, a public open space contribution, and removal of an existing shed. The parties were to bear their own costs unless an application was made within seven days.
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S R Cunningham v. Meander Valley Council [1995] TASRMPAT 262
Meander Valley Council - Subdivision - Consent Decision
This was an appeal pursuant to Section 61(4) of the Land Use Planning and Approvals Act 1993 against the decision of the Meander Valley Council refusing to grant planning approval for the subdivision of land at 32-34 West Barrack Street, Deloraine.
A preliminary hearing and mediation conference was held at Launceston on 28 November 1995.
Mr D Derrick appeared on behalf of the Meander Valley Council.
As a result of a conference pursuant to Section 17 of the Resource Management and Planning Appeal Tribunal Act 1993 held on 28 November 1995 at Launceston agreement was reached between the parties as to the terms of a decision of the Appeal Tribunal and the terms of that agreement were reduced to writing and were signed by the parties and given to the Appeal Tribunal.
The Appeal Tribunal being satisfied that a decision in the terms as agreed by the parties would be within the powers of the Appeal Tribunal and would be an appropriate decision makes a decision accordingly without holding a hearing.
The decision of the Tribunal is that the decision of the Meander Valley Council appealed against be set aside and that a permit issue for the subdivision subject to the following conditions:-
"1. Development shall occur in accordance with the approved plans amended plan (2914) 189-49, as endorsed.
2. Development shall occur in accordance with the Deloraine Planning Scheme 1980.
3. All lots are to be provided with separate water, sewer and stormwater connections and concrete driveways.
4. A 5% Cash-in-lieu of Public Open Space contribution assessed at $428.00 is required for lots 1 and 2.
5. The existing shed across lot boundaries shall be removed or made to comply with relevant Building Regulations.
This approval is valid for two years from the date of this Permit. The Permit will lapse at that time, if the Final Survey Plans have not been submitted and sealed by Council within that time.
The Public Open Space Contribution is payable at the time of submitting the Final Plan for sealing by Council.
The Tribunal will entertain any application for and any submissions in support of any application for an order for costs in this appeal if made to the Tribunal in writing within the next seven days. If requested the Tribunal will reconvene to hear any evidence in respect of any matter bearing on an order for costs.
In the absence of any application for an order for costs the order of the Tribunal is that each party bear its own costs.
Decision of Meander Valley Council set aside; permit granted for subdivision subject to five conditions; costs reserved for seven days, otherwise each party to bear own costs