Kempsey LEP 2013 - Amendment No 23 rezoning of vaious lots from RU1, RU2 and RU5 Village to R1 - Fredrickton

Stage history

1. Withdrawn

   source label: “withdrawn/Withdraw”

   Status date 28 Nov 2020 · Observed 12 June 2026 → current

More in Kempsey Shire Council

• Kempsey LEP 2013 - Amendment No 24 - to allow a highway service centre as an additional permitted use on Lot 200 DP1177619, 600 Macleay Valley Way Kempsey Withdrawn· 1 July 2021
• Kempsey CBD Flood Planning Withdrawn· 3 June 2021

Planning disputes in Kempsey Shire Council

Tribunal and court decisions naming this council, newest first. A signal of contested development in the area, not legal advice.

• 2 Phillip Rise Pty Ltd v Kempsey Shire Council (No 2) [2023] NSWLEC 56 NSWLEC· 30 May 2023· 2 Phillip Rise Pty Ltd v Kempsey Shire Council (No 2) [2023] NSWLEC 56 COSTS - costs of stay application pending consideration of whether to appeal principal decision - stay granted - stay expired by effluxion of time with no appeal commenced - costs ordinarily follow the event ‑ no reason to “otherwise order” - Respondent ordered to pay Applicant’s costs of stay application and of costs application
• 2 Phillip Rise Pty Ltd v Kempsey Shire Council [2023] NSWLEC 28 NSWLEC· 22 Mar 2023· 2 Phillip Rise Pty Ltd v Kempsey Shire Council [2023] NSWLEC 28 APPEAL - Appeal against the refusal of application for a construction certificate ‑ Acting Commissioner holds that development consent proposed to found the construction certificate had lapsed ‑ Applicant challenges Acting Commissioner’s conclusion as wrong at law ‑ Acting Commissioner concluded that contamination testing did not satisfy a condition of the development consent because the testing had not been carried out by the then owner of the site for the purposes of satisfying the development
• Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308 NSWCA· 13 Dec 2018· Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308 TORTS – negligence – no duty to warn of obvious risk – plane collided with kangaroo at regional aerodrome – whether damage to aircraft materialisation of obvious risk – whether risk defined by level of risk and likelihood of materialisation – whether accessing information from website involved requesting advice or information – Civil Liability Act 2002 (NSW), ss 5F, 5G, 5H TORTS – negligence – public authority – allocation of resources – principle that allocation of resources not open to challen
• Slade v Kempsey Shire Council [2018] NSWCA 25 NSWCA· 23 Feb 2018· Slade v Kempsey Shire Council [2018] NSWCA 25 ENVIRONMENT AND PLANNING – Environment Protection Agency (EPA) issued a clean-up notice to the appellants in respect of a metal recycling site – appellants failed to comply with the notice – EPA then issued a notice to the respondent council to clean up the site – whether any non-compliance by the respondent with the EPA’s notice to it affected the respondent’s right to recover its costs and expenses of the clean-up from the appellants
• Kempsey Shire Council v Slade (No 2) [2017] NSWLEC 10 NSWLEC· 27 Feb 2017· Kempsey Shire Council v Slade (No 2) [2017] NSWLEC 10 ENVIRONMENT AND PLANNING: pollution – claim for recovery of costs of pollution clean-up actions as a debt under s 105(1) Protection of the Environment Operations Act 1997 – statutory scheme for clean-up of pollution and recovery of clean-up costs – council performed clean-up and sought to recover reasonable costs and expenses as a debt – liability already decided – quantum and reasonableness of costs and expenses claimed – interest.
• Kempsey Shire Council v Slade [2015] NSWLEC 135 NSWLEC· 21 Aug 2015· Kempsey Shire Council v Slade [2015] NSWLEC 135 ENVIRONMENT AND PLANNING – pollution – claim for recovery of costs of pollution clean-up actions as a debt under s 105(1) Protection of the Environment Operations Act 1997 – statutory scheme for clean-up of pollution and recovery of clean-up costs – reasonably suspecting that pollution incidents arising from asbestos deposited at a waste facility had occurred, Environment Protection Authority gives council a clean-up notice under s 92(1) – council complies and gives respondents compliance cost n