NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Thorncraft & Anor v Bathurst Regional Council & Anor [2005] NSWLEC 571
APPLICANTS: Garry Francis Thorncraft and Susan Jane Thorncraft
FIRST RESPONDENT: PARTIES : Bathurst Regional Council
SECOND RESPONDENT: Director General of the Department of Infrastructure, Planning and Natural Resources
FILE NUMBER(S) : 10440 of 2005
CORAM: Lloyd J
KEY ISSUES: Development Application :- dwelling house on rural land - minimum allotment area requirement - non-compliance - application of State Environmental Planning Policy No. 1 - Development Standards - undesirable precedent
Environmental Planning and Assessment Act 1979 s 5(a), s 97 LEGISLATION CITED: Bathurst Region (Interim) Local Environmental Plan 2004 State Environmental Planning Policy No. 1 - Development Standards
Goldin v Minister for Transport (2002) 121 LGERA 101; CASES CITED: Hooker Corporation Pty Ltd v Hornsby Shire Council, NSWLEC, unreported, Cripps J, 2 June 1986; Winten Property Group Ltd v North Sydney Council (2001) 130 LGERA 79
DATES OF HEARING: 14/09/2005 EX TEMPORE JUDGMENT DATE : 09/14/2005
APPLICANTS: A J J Thompson (barrister) SOLICITORS: Higgins & Higgins
FIRST RESPONDENT: LEGAL REPRESENTATIVES: P L Crennan (solicitor) SOLICITORS: McIntosh McPhillamy & Co
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