Sealark Pty Ltd v Shoalhaven City Council [2000] NSWLEC 166

Reported Decision : 109 LGERA 263

Land and Environment Court of New South Wales

CITATION : Sealark Pty Ltd v Shoalhaven City Council [2000] NSWLEC 166 APPLICANT: Sealark Pty Ltd PARTIES : RESPONDENT: Shoalhaven City Council FILE NUMBER(S) : 10769 of 1999 CORAM: Bignold J KEY ISSUES: Question of Law :- Preliminary determination of questions whether proposed subdivision creating concessional lots is permissible development. LEGISLATION CITED: Shoalhaven Local Environmental Plan 1985 cl 11 CASES CITED: Smith v Shoalhaven Council (unreported 30 November 1994) DATES OF HEARING: 5th May 2000 DATE OF JUDGMENT: 08/02/2000

APPLICANT: Mr M J Astill, Solicitor SOLICITORS Blake Dawson Waldron LEGAL REPRESENTATIVES: RESPONDENT: Mr J Webster, Barrister SOLICITORS Morton and Harris

JUDGMENT: IN THE LAND AND Matter No . 10769 of 1999 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 2 August 2000

SEALARK PTY LIMITED

Applicant

v

SHOALHAVEN CITY COUNCIL

Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. The Council has raised a number of questions of law for preliminary determination in pending class 1 proceedings involving an appeal pursuant to the Environmental Planning and Assessment Act 1979 (the EP&A Act), s 97 against the Council's determination refusing development consent to the Applicant's development application to subdivide land known as lot 8 Deposited Plan 880060 situate at St Georges Basin (the appeal site) into eight lots.