NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Smith R & Anor v Wollondilly Shire Council [2004] NSWLEC 659 PARTIES : Smith R & Anor v Wollondilly Shire Council
FILE NUMBER(S) : 11333 of 2003 CORAM: Murrell C KEY ISSUES: Development Application :- SEPP 1 objection - Subdivision of 31 ha parcel into 3 lots - variation to 40 ha minimum allotment size under SEPP 1 - consistency with objectives of zone - special uses water catchment zone - consistency with development control plan - environmental impact on water catchment area and the precedential effect
Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 1 LEGISLATION CITED: State Environmental Planning Policy No. 58 Wollondilly Local Environmental Plan 1991 Development Control Plan No. 24 CASES CITED: Winten Property Group Limited v North Sdyney Council [2001] NSWLEC 46; BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 DATES OF HEARING: 17/08/2004 - 18/08/2004 DATE OF JUDGMENT: 12/10/2004
APPLICANT Mr J Robson, barrister instructed by Mr T. Cork McPhee Kelshaw
RESPONDENT LEGAL REPRESENTATIVES: Mr A Seton, solicitor
INTERVENOR Sydney Catchment Authority represented by Ms J Jagot, barrister instructed by Mr C Drury, solicitor Phillips Fox
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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