Bega Valley Shire Council v D'Arcy [2002] NSWLEC 225

Land and Environment Court of New South Wales

CITATION : Bega Valley Shire Council v D'Arcy [2002] NSWLEC 225 APPLICANT Bega Valley Shire Council PARTIES : RESPONDENT John Kevin D'Arcy FILE NUMBER(S) : 40599 of 2002 CORAM: Pain J KEY ISSUES: Construction and Interpretation :- interpretation of Bega Valley Local Environmental Plan 1987 - concessional allotments - existing holding - deeming provisions - whether further subdivision to create lots for dwelling houses is prohibited Bega Valley Local Environmental Plan 1987 cl 14A, cl 14, cl 15, cl 18 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 101 Land and Environment Court Act 1979 s 16, s 20 CASES CITED: D'Arcy v Bega Valley Shire Council [2002] NSWLEC 88 DATES OF HEARING: 16/10/2002 DATE OF JUDGMENT: 10/17/2002

APPLICANT Mr M McMahon (solicitor) SOLICITORS M.E. McMahon & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr J D'Arcy (in person) SOLICITORS n/a

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 40599 of 2002

Pain J

16 October 2002 BEGA VALLEY SHIRE COUNCIL Applicant v JOHN KEVIN D'ARCY Respondent Ex Tempore Judgment Introduction 1 Bega Valley Shire Council (the Council) has commenced Class 4 proceedings seeking numerous declarations in relation to provisions of the Bega Valley Local Environmental Plan 1987 (the LEP) as it applies to DA98/1163, which the Council gave consent to a number of years ago. The Council also seeks declarations in relation to an application for subdivision by Mr D'Arcy (DA 2001/1022), an application which the Council has refused. Mr D'Arcy is the applicant in related Class 1 proceedings currently before the Court in matter 10945 of 2001 appealing against the Council's refusal of that development application (the Class 1 proceedings). 2 The declarations sought by the Council are as follows: 1. A declaration that the development consent DA 98/1163 was granted pursuant to the power in Clause 18(3) of the Bega Valley Local Environmental Plan, 1987 (the LEP).