John Hawker v The Greater Taree City Council [2004] NSWLEC 31

Land and Environment Court of New South Wales

CITATION : John Hawker v The Greater Taree City Council [2004] NSWLEC 31 APPLICANT John Hawker PARTIES : RESPONDENT The Greater Taree City Council FILE NUMBER(S) : (1)0470 of 2002 CORAM: Murrell C KEY ISSUES: Development Application :- dwelling house in a floodway Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Greater Taree Local Environmental Plan Flood Plain Management Manual of NSW Government CASES CITED: DATES OF HEARING: 02 and 03/10/2003 - Written submissions received 15/10/2003 DATE OF JUDGMENT: 03/05/2004

APPLICANT Mr A White, solicitor SOLICITOR Benetatos White

RESPONDENT LEGAL REPRESENTATIVES: Mr A McKelvey, solicitor SOLICITORS P J Donnellan & Company RESPONDENT Mr A McKelvey, solicitor SOLICITORS P J Donnellan & Company

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

(1)0470 of 2002 Murrell C 5 March 2004 John Hawker Applicant v Greater Taree City Council Respondent Judgment

Introduction 1. This is a judgment for an appeal under s 97 of the Environmental Planning and Assessment Act (the Act) against the refusal of Greater Taree City Council of a development application submitted in October 2001 for the erection of a two storey dwelling house on the land known as No. 15 Appletree Street, Wingham.