Acquaro v Great Lakes Council [2003] NSWLEC 372

> Land and Environment Court of New South Wales

CITATION : Acquaro v Great Lakes Council [2003] NSWLEC 372 revised - 09/01/2004 APPLICANT Raffaele Acquaro PARTIES : RESPONDENT Great Lakes Council . FILE NUMBER(S) : 10846 of 2003 CORAM: Moore C Development Application :- Access KEY ISSUES: Bushfire risk Adequacy of flora and fauna assessment . Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Rural Fires Act 1997 Great Lakes Local Environmental Plan 1996 . Manzie v Willoughby City Council 96 LEC 26; CASES CITED: Weal v Bathurst City Council [2000] 111 LGERA 181; . DATES OF HEARING: 5 December 2003 EX TEMPORE JUDGMENT DATE : 12/05/2003

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENT Mr P Rees, solicitor

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10846 of 2003

Moore C

5 December 2003 Raffaele Acquaro Applicant v Great Lakes Council Respondent Judgment

Introduction 1 This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 ("the Act"), against the refusal on 16 August 2002 by Great Lakes Council of Development Application DA703/2002 for a rural shed to be used for mushroom farming on Lot 746 DP 13358 at Tenterfield Road, North Arm Cove.