Orange - I don't think there is any question of the councillors having made a mistake in granting planning permission - if that is your assertion. They simply took a balance of view of the benefits of the development versus the impacts, and having investigated the impacts, granted approval. That is how the planning process works.

No evidence of real nuisance has been presented or found by council officers - it has been just stated by the objectors. Indeed if the objectors had real evidence of nuisance they would have recourse to civil action, like any other nuisance case. There isn't evidence and so TLERA and the objectors have resorted to the covenant approach.

And that is the reason that I find TLERA's approach unfair and misguided.