NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Winten Property Group v Campbeltown City Council [2000] NSWLEC 90 APPLICANT Winten Property Group PARTIES : RESPONDENT Campbeltown City Council FILE NUMBER(S) : 10331 of 1999 CORAM: Cowdroy J KEY ISSUES: Development Application :- Residential development/community title subdivision - development impinging upon heritage item - golf practice course proposed within curtilage of heritage item - curtilage the subject of permanent conservation order and registration on State Heritage Register - council's master plan for development - objective of local environmental plan to preserve a separation of residential development between two cities - development control plan requiring retention of a visual corridor - proposed development inconsistent with preservation of heritage item and inconsistent with separation of residential development as proposed in master plan and with its objectives. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Winten Property Group v Cambelltown City Council [1999] NSWLEC 241, unreported DATES OF HEARING: 21/2/00, 22/2/00, 23/2/00, 24/2/00, 25/2/00, 28/2/00, 29/2/00 DATE OF JUDGMENT: 05/22/2000
APPLICANT Mr S Austin QC
SOLICITORS Pike Pike Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr D Wilson (Barrister)
SOLICITORS Marsdens Solicitors
JUDGMENT:
IN THE LAND AND MATTER No. 10331 of 1999 ENVIRONMENT COURT CORAM: Cowdroy J with Commissioner Bly OF NEW SOUTH WALES DECISION DATE: 22 May 2000
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