Sericott Pty Ltd V Snowy River Shire Council [1999] NSWLEC 80

Land and Environment Court of New South Wales CITATION: Sericott Pty Ltd V Snowy River Shire Council [1999] NSWLEC 80

PARTIES Applicant Sericott Pty Limited

Respondent Snowy River Shire Council

NUMBER: 10522 of 1997

CORAM: Sheahan J

KEY ISSUES: :- Existing use - prohibited use - preliminary Question of Law

LEGISLATION CITED: Existing use - prohibited use - preliminary Question of Law

DATES OF HEARING: 02/01/1999

DATE OF JUDGMENT DELIVERY: 04/01/1999

Applicant Mr G Newport (Barrister) Mr A McGuirk (Solicitor) of Dobes & Andrews LEGAL REPRESENTATIVES: Respondent Mr Alan Bradbury (Solicitor) of Deacons Graham & James

JUDGMENT: IN THE LAND AND Matter Nos: 10522 of 1997 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 1 April 1999

SERICOTT PTY LIMITED Applicant v SNOWY RIVER SHIRE COUNCIL Respondent

JUDGMENT

Introduction

1. These Class 1 proceedings, and also those in matter No.10672 of 1998, which was heard on the same day, concern the uses that can be made of various parcels of land, which comprise parts of the land holdings which were the subject of my judgments of 24 July 1998 and 26 November 1998. Those two judgments dealt mainly with matters Nos. 40170 and 40299 of 1997 between these same parties. The complex factual background to all these proceedings is set out in some detail in those earlier judgments and need not be repeated here.