D'Arcy v Bega Valley Shire Council [2002] NSWLEC 88

Land and Environment Court of New South Wales

CITATION : D'Arcy v Bega Valley Shire Council [2002] NSWLEC 88 APPLICANT John Kevin D'Arcy PARTIES : RESPONDENT Bega Valley Shire Council FILE NUMBER(S) : 10945 of 2001 CORAM: Pain J KEY ISSUES: Question of Law :- Preliminary determination of questions whether proposed subdivision creating concessional lots is permissible development LEGISLATION CITED: Bega Valley Local Environment Plan 1987 CASES CITED: DATES OF HEARING: 4 April 2002 DATE OF JUDGMENT: 06/26/2002

APPLICANT Mr J D'Arcy (in person)

LEGAL REPRESENTATIVES: RESPONDENT Mr M McMahon (solicitor) SOLICITORS M.E. McMahon & Associates

JUDGMENT: IN THE LAND AND Matter No: 10945 of 2001 ENVIRONMENT COURT Coram: Pain J OF NEW SOUTH WALES Decision Date: 26 June 2002

JOHN KEVIN D'ARCY Applicant v BEGA VALLEY SHIRE COUNCIL Respondent

JUDGMENT

Introduction 1. The Applicant representing himself has commenced a Class 1 appeal against a refusal by Bega Valley Shire Council (the Council) of a subdivision application DA 01/1022 made by the Applicant in relation to Portions 50, 51 and 52 in DP 750190 Parish of Bega, known as Lot C (Lot C). The Council by Notice of Motion has raised a number of preliminary points of law concerning the interpretation of clauses in the Bega Valley Local Environmental Plan 1987 (the LEP) relating to the operation of concessional allotment provisions in relation to "existing holdings" as defined under the LEP. This judgment considers these preliminary issues of law only. Depending on the outcome of the questions of law the matter may need to be considered on its merits in a subsequent hearing.