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austlii:tas/TASRMPAT/2006/173
appellant. Appeal upheld; Council's refusal set aside; permit issued subject to conditions including endorsed plans and restricted construction hours.
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The Resource Management and Planning Appeal Tribunal upheld an appeal against Clarence City Council's refusal of a building permit for a house at Opossum Bay. The Tribunal granted the permit with conditions, including that construction must follow specific approved plans and that noisy work could only occur during restricted hours on weekdays and weekends.
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VC Goldsmith v Clarence City Council [2006] TASRMPAT 173 (25 Aug 2006)
89 Spitfarm Road Opossum Bay - Decision conditions File 57-06 & 69-06
This was an appeal against the refusal of a permit for a dwelling requiring variation to front setback, side setback and high water mark at 89 Spitfarm Road Opossum Bay.
The appeal was heard at Hobart on the 7th of July 2006.
1. By decision dated 27th July 2006 the Tribunal determined that the appeal in this matter be upheld and that the Council's refusal of the permit be set aside and in lieu thereof a permit be issued. The permit shall grant approval for development application D-2005/389 subject to conditions.
2. Submissions were invited in relation to the imposition of conditions. As a consequence of those submissions the following additional conditions are made.
(i) The use or development must only be undertaken in accordance with the endorsed plans numbered PD692/1, 2A, 3, 4, 5, 6A, 7A, 8, 9, 9.1, 10, 11, 12A and 13A and any permit conditions must not be altered without the consent of the Council.
(ii) Work associated with excavations, road construction and other activities associated with the development are only to be undertaken between the hours:
Monday - Friday 7.00 am to 6.00 pm
Saturday 9.00 am to 6.00 pm
Sunday 10.00 am to 6.00 pm."
VC Goldsmith
Clarence City Council [2006] TASRMPAT 173
Appeal upheld; Council's refusal set aside; permit issued subject to conditions including endorsed plans and restricted construction hours.