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Council Development Refusal Overturned

Rodney Dawson

Mr Dawson appeared for a land owner of rural land who wished to build a dwelling house upon that land. The land was heavily treed and subject to a Development Control Plan which placed restrictions on where a house could be built. The Council refused development consent alleging, amongst other things, that the development could not proceed in the absence of a species impact statement because of the presence or potential presence of the yellow bellied glider. The land owner appealed to the Court and was able to demonstrate through the expert evidence gathered for the appeal that not only was a species impact statement unnecessary, but also the Development Control Plan did not prevent the house being built where the land owner wanted it and the appeal was upheld.

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