Ferguson v Dungog Shire Council [2006] NSWLEC 459

Land and Environment Court of New South Wales

CITATION : Ferguson v Dungog Shire Council [2006] NSWLEC 459

APPLICANT PARTIES : Graeme Ferguson RESPONDENT Dungog Shire Council

FILE NUMBER(S) : 11283 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Rural subdivision, vehicular access, road and river crossing upgrading

Environmental Planning and Assessment Act 1979; s 79C Dungog Local Environmental Plan 1990 Dungog Local Environmental Plan 2006 LEGISLATION CITED: Dungog Shire Rural Strategy 2003 Dungog Shire Wide Development Control Plan 2004 Dungog Rural Roads Policy 2005 Planning for Bushfire Protection Guidelines 2001

DATES OF HEARING: 28/06/2006

DATE OF JUDGMENT: 07/26/2006

APPLICANT Mr G Williams, solicitor SOLICITORS Thompson Norrie LEGAL REPRESENTATIVES: RESPONDENT Mr A McKelvey, senior associate SOLICITORS Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

26 July 2006

11283 of 2005 Graeme Ferguson v Dungog Shire Council

JUDGMENT

Introduction 1 This appeal relates to Development Application No. 234/2004, which is for the subdivision of Lot 1 DP 1006931 and Lot 1 DP 178749 being land known as 52 Gabulah Road, Gresford, into four lots having areas of 60, 87, 60 and 60 ha. The rural site is located about 4.5 km west of the village of Gresford and is accessed via the Gabulah Road Bridge, a table stayed suspension bridge with limited capacity or an existing riverbed crossing. Gabulah Road is a gravel formed public road. A short part of this road is maintained by the council and is otherwise maintained by landowners. Statutory provisions 2 The site is zoned 1(a) Rural under Dungog Local Environmental Plan 2006 ("LEP 2006"). Being an established holding the proposal complies with the 60 ha site area development standard in cl 24 and is permissible with development consent. Clause 9 provides that consent may be granted only if the proposed development is consistent with a number of matters including: the objectives of the zone; performance and development standards; and the Dungog Shire Rural Strategy ("the rural strategy").