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					CITATION:                C Walsh v. Hobart City Council and G Pearce
                         [2008] TASRMPAT 320


PARTIES:                 Appellant – G Walsh

                         Respondents – Hobart City Council and G Pearce


ADDRESS:                 2 Lansdowne Crescent, West Hobart


TITLE OF TRIBUNAL: Resource Management and Planning Appeal Tribunal


JURISDICTION:            Planning Appeal


FILE NO/S:               336/08 P


DELIVERED ON:            16th December 2008


DELIVERED AT:            Hobart


HEARING DATE:            12th November 2008 - Mediation


DECISION OF:             SJ Cooper, Chairman


CATCHWORDS:              Consent Decision


                         REASONS FOR DECISION

1.   As a result of a conference pursuant to Section 17 of the Resource
     Management and Planning Appeal Tribunal Act 1993 held on the
     12th November 2008 on site, 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.

2.   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.
3.       The decision of the Appeal Tribunal is that the decision of the Hobart City
         Council (the „Council‟) appealed against is varied by deleting conditions 2
         and 4 and substituting those as follows and by adding a new condition
         numbered 7 as follows:

                    “2.   The proposed development is to be built substantially
                          in accordance with the plans dated 1/12/08 as detailed
                          in Attachment A.

                    4.    The proposed screen in front of the swimming pool
                          shown on drawing no. PEAR-G-01, Page 1 of 4,
                          dated 1/12/08 and drawing no. PEAR-G-01, page 3 of
                          4 and dated 1/12/08 shall be increased in height to
                          1.8m. Prior to the issue of any Building Permit,
                          drawings shall be lodged to the satisfaction of the
                          Director Development and Environmental Services,
                          showing compliance with this condition.

                    7.    If this development is to incorporate a future air
                          conditioner or heat pump, installation must be in
                          compliance with the Environmental Management and
                          Pollution Control (Miscellaneous Noise) Regulations
                          2004.”

4.       It is directed that the Council issue a permit incorporating the above
         amendments.

5.       The Tribunal will entertain any application for an order for costs in this
         appeal, if made to the Tribunal in writing with supporting submissions within
         the next fourteen days. If requested the Tribunal will reconvene to hear any
         evidence in respect of any matter bearing on an order for costs.

6.       In the absence of any such application for an order for costs the order of the
         Tribunal is that each party bear its own costs.


                                Dated 16th December 2008


                                       SJ Co o per
                                        Chairman




File No: 336/08 P                           Page 2                        J No. 320-2008

				
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