Nabatu Pty Ltd v Kempsey Shire Council [2006] NSWLEC 254

Land and Environment Court of New South Wales

CITATION : Nabatu Pty Ltd v Kempsey Shire Council [2006] NSWLEC 254

APPLICANT Nabatu Pty Ltd PARTIES : RESPONDENT Kempsey Shire Council

FILE NUMBER(S) : 11378 and 11487 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Removal, relocation and reuse of church, building, heritage, tourism

LEGISLATION CITED: Kempsey Local Environmental Plan 1987 Draft Kempsey Local Environmental Plan

DATES OF HEARING: 30-31/03/2006

EX TEMPORE JUDGMENT DATE : 03/31/2006

APPLICANT Mr A Whealy, solicitor SOLICITORS LEGAL REPRESENTATIVES: Gadens Lawyers

RESPONDENT Mr G Underwood, barrister

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

31 March 2006

11378 of 2005 Nabatu Pty Limited v Kemsey Shire Council 11487 of 2005

JUDGMENT This decision was given extemporaneously and has been revised and edited prior to publication.

1 These appeals relate to two development applications involving the removal and relocation of a building formerly used as a church from its present site at Lot 1, DP919686 in Sherwood Road, Sherwood, to a new location at Lot 13, DP803019 in Point Plomer Road, south of Crescent Head. The Point Plomer Road site comprises an existing tourist facility comprising holiday dwellings and recreation facilities. The relocation proposal involves an application to amend an existing development consent (No. T6-02-122) so as to allow the relocated building to be positioned on the site replacing an approved but presently non-existent dwelling.