Young v Corowa Shire Council [2005] NSWLEC 386

Land and Environment Court of New South Wales

CITATION : Young v Corowa Shire Council [2005] NSWLEC 386

APPLICANT Terrence Craig Young

PARTIES : RESPONDENT Corowa Shire Council

FILE NUMBER(S) : 10077 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Boat launching ramp - amenity impacts - river activity management

DATES OF HEARING: 16 and 30/05/2005 and 28/06/2005

DATE OF JUDGMENT: 07/19/2005

APPLICANT Mr T Young - in person

LEGAL REPRESENTATIVES:

RESPONDENT Mr R Parr, Director Environmental Services

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

19 July 2005

10077 of 2005 Terrence Craig Young v Corowa Shire Council

JUDGMENT

Background 1 This appeal was lodged against council's refusal of a development application for a boat launching ramp at the Riverside Waterfront Motel, in Wahgunyah.

2 There are somewhat unusual circumstances with this matter because the site is predominantly located in Wahgunyah, which is subject to the planning controls of Indigo Shire Council, in Victoria. However the site has frontage to the Murray River, where the state border is generally along the highwater mark of the river embankment, on the Victorian side of the river.

3 Insofar as there have been lengthy efforts to accurately define the State border in the vicinity of the subject property, this was not achieved at the time of the hearing, despite extensive correspondence between the respective Surveyor General's for Victoria and NSW.