Wattle Residential Parks Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1472

Land and Environment Court New South Wales

Medium Neutral Citation: Wattle Residential Parks Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1472 Hearing dates: 25 September 2020 Date of orders: 25 September 2020 Decision date: 25 September 2020 Jurisdiction: Class 2 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Activity Application No 18/0012 to install one (1) elevated, single level moveable dwelling on land legally described as Lot 129 in DP 777968, known as 1 Menai Road, Woronora, is approved, subject to the conditions in Annexure A. (3) The exhibits are returned upon publication of the judgment. Catchwords: APPEAL – application under s 68 of the Local Government Act 1993 for the installation of a single level moveable dwelling within an existing caravan park – objections pursuant to s 82(3) for variations to subss 88(1), (2) and (3), 94(1) (a) and (b) and clause 141(3) of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 – flood prone land – consideration of Flood Emergency Management Plan – the public interest Legislation Cited: Local Government Act 1993 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 State Environmental Planning Policy No 21—Caravan Parks Category: Principal judgment Parties: Wattle Residential Parks Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: C Rose (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)