Stevens v Bellingen Shire Council [2006] NSWLEC 764

Land and Environment Court of New South Wales

CITATION : Stevens v Bellingen Shire Council [2006] NSWLEC 764

APPLICANT Beryl Joan Stevens PARTIES : RESPONDENT Bellingen Shire Council

FILE NUMBER(S) : 10639 and 10549 of 2006

CORAM: Bly C

KEY ISSUES: Appeal :- Modification applications, subdivisions, conditions of consent, drainage, footpath and road works.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Newbury District Council v Secretary of State for Environment 1981 AC 578

DATES OF HEARING: 14/11/2006 and 15/11/2006

EX TEMPORE JUDGMENT DATE : 11/15/2006

APPLICANT Ms A. Pearman, barrister Instructed by Barwick Stevens Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Riley, solicitor of Abbott Tout Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Commissioner Bly

15 November 2006

10639 of 2006 and Beryl, Steven & Ors v Bellingen Shire 10549 of 2006 Council This decision was given extemporaneously. It has been revised and edited prior to publication .

JUDGMENT 1 These two appeals involve the same applicant and involve amendments to the following unrelated conditional development consents as issued by the Bellingen Council: + Development Application No 2005/DA-57 for the subdivision of land at 17-25 Hollibone Street, Dorrigo, ("the Hollibone Street consent"), + Development Application No 2005/DA-35 for the subdivision of land at 95 Hickory Street, Dorrigo, ("the Hickory Street consent"). 2 The Hollibone Street consent was granted on 22 June 2005 and involves the subdivision of Lot 104 DP 752813, which has an area of 9,769 sq m, into four lots. This site is presently developed with three houses.