Townsend v Evans Shire Council [2004] NSWLEC 146

Land and Environment Court of New South Wales

CITATION : Townsend v Evans Shire Council [2004] NSWLEC 146

APPLICANTS PARTIES : Colin Townsend and Mary-Rose Townsend

RESPONDENT Evans Shire Council FILE NUMBER(S) : 10445 of 2003 CORAM: Nott C KEY ISSUES: Subdivision :- Rural property - six lots of 5 ha or less and a residue lot of 163 ha - economic viability of small lots - setbacks from boundary - impacts on agricultrual potential LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 CASES CITED: DATES OF HEARING: 27-29 October 2003, 5 January 2004 EX TEMPORE 01/05/2004 JUDGMENT DATE :

APPLICANTS Mr D Olney, solicitor SOLICITORS Booth Brown Samuels & Olney LEGAL REPRESENTATIVES: RESPONDENT Mr P Crennan, solicitor SOLICITORS McIntosh, McPhillamy & Co

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

10445 of 2003

Nott C

5 January 2004

Colin Townsend & Mary-Rose Townsend Applicants v

Evans Shire Council Respondent

Judgment

1 . This is an appeal against the council's deemed refusal of a development application to subdivide two adjoining parcels of land being part of lot 75 DP192661 and having an area of 101.2 ha and lot 3 DP790716 having an area of 96.56 ha excluding the area of a road. These two parcels, which I will call the subject land, are shown in the plan of the existing boundaries being part of the documents lodged with the class 1 appeal exhibit B. I reproduce below the relevant parts of this plan of the existing boundaries of the subject land.