Kovarfi v Eurobodalla Shire Council [2022] NSWLEC 1146

Land and Environment Court New South Wales

Medium Neutral Citation: Kovarfi v Eurobodalla Shire Council [2022] NSWLEC 1146 Hearing dates: 14-15 March 2022 Date of orders: 23 March 2022 Decision date: 23 March 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application 0697/21 for construction of primary and secondary dwelling houses, swimming pool, associated drainage/earth/civil works, and onsite waste disposal by sub-soil method on Lot 12 DP 1209317, Sanctuary Forest Place, Long Beach is refused. (3) Approval application no. T0114/21 is refused. (4) The exhibits are to be held. Catchwords: DEVELOPMENT APPLICATION – primary and secondary dwelling – onsite wastewater disposal – insufficient information – environmental impact Legislation Cited: Conveyancing Act 1900, ss 88B, 88E Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 1, 2, 50, 55, Pt 1, Sch 1 Environmental Planning and Assessment Regulation 2021, Sch 6 Eurobodalla Local Environmental Plan 2012 cll 2.3, 6.4 Evidence Act 1995 Land and Environment Court Act 1979, ss 34AA Local Government Act, ss 68, 68A, 94, 176 Local Government (General) Regulation 2021, s 26 Texts Cited: AS/NZS 1547-2012. Australian/New Zealand Standard. On-site domestic wastewater management Environment & Health Protection Guidelines, On-Site Sewage Management for single Households, January 1998. Eurobodalla Rural, R5 Large Lot Residential and E4 Environmental Living Zones Development Control Plan 2019 Eurobodalla Shire Council, Code of Practice On-Site Sewage Management, 2018 Land and Environment Court of NSW, Class 1 Residential Development Appeals, Practice Note, 2018 Sanctuary Forest Estate Integrated Environmental Management Plan, May 2021 Water NSW, Designing and Installing On-Site Wastewater Systems, 2019. Category: Principal judgment Parties: Z Kovarfi (First Applicant) R Denny (Second Applicant) Eurobodalla Shire Council (Respondent) Representation: Counsel: Z Kovarfi (Self-represented) (First and Second Applicant) N Simmons (Respondent)