NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Synergy Environmental Planning v Cessnock City Council [2004] NSWLEC 502 APPLICANT Synergy Environmental Planning PARTIES : RESPONDENT Cessnock City Council FILE NUMBER(S) : 11353 of 2003 CORAM: Hoffman C Appeal :- against a deemed refusal of a new house on rural property KEY ISSUES: bushfire danger scenic protection
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Cessnock Local Environmental Plan 1989 Hunter Regional Environmental Plan Rural Fire Act 1997 CASES CITED: DATES OF HEARING: 23/06/04-25/06/04 EX TEMPORE 08/18/2004 JUDGMENT DATE :
APPLICANT Mr Kildea, barrister SOLICITORS Thompson Norrie
LEGAL REPRESENTATIVES: RESPONDENT Mr Howard, barrister SOLICITORS Cleaves Mallik Gibbs
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
13 August 2004
11353 of 2003 Synergy Environmental Planning v Cessnock City Council
JUDGMENT 1 This was a class 1 appeal 11353/03 between Synergy Environmental Planning and Cessnock City Council in regard to the deemed refusal of a proposed new house on a hilltop on a rural property of forty hectares known as lot 9 DP868722 Camp Road, Allendale.
2 The property consisted near the road of open grassland with a few trees sloping up to the hill. It was called Mount Molly Morgan after a colourful colonial of the region. Apparently her home had been nearby when she lived in the area.
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