BIG COUNTRY DEVELOPMENTS PTY LIMITED (ACN 000 235 923) v PENRITH CITY COUNCIL [1998] NSWLEC 2 (30 January 1998) [1998] NSWLEC 30

Land and Environment Court of New South Wales

CITATION : BIG COUNTRY DEVELOPMENTS PTY LIMITED (ACN 000 235 923) v PENRITH CITY COUNCIL [1998] NSWLEC 2 (30 January 1998) [1998] NSWLEC 30 PARTIES : BIG COUNTRY DEVELOPMENTS PTY LIMITED (ACN 000 235 923) v PENRITH CITY COUNCIL FILE NUMBER(S) : 10377 of 1997 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979, ss91, 94, 97 Local Government Act 1919 The Commonwealth v Verwayen (1990) 170 CLR 394; Bryson Industries Ltd v Sydney City Council (1963) 8 LGRA 395 ; Waters v Hurstville City Council (1991) 77 LGRA 10 ; CASES CITED: Rein Warry & Co v Wollondilly Council ; Parramatta City Council v Travenol Laboratories Pty Ltd ; Fitch v Shoalhaven City Council (1987) 67 LGRA 165 ; in Grampian Regional Council v City of Aberdeen District Council (1984) 47 P & CR 633 DATES OF HEARING: 21 & 24 November 1997 DATE OF JUDGMENT: 02/27/1998

Mr G Newport, Barrister

LEGAL REPRESENTATIVES: Mr J Webster, Barrister

JUDGMENT:

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A. Introduction

This is an appeal pursuant to s97 of the Environmental Planning and Assessment Act 1979 (the EP&A Act) against the Council's determination dated 31 December 1996 granting development consent subject to conditions (the 1996 development consent) to the Applicant's development application to carry out stages 2 to 7 of its proposed development of Lindisfarne High School on land known as Lot 8 Deposited Plan 740104 fronting Mahers Lane Terranora (the development site), situate some 6 kilometres south-west of South Tweed Heads and 700 metres north of the intersection of Mahers Lane with Terranora Road, a distributor road with an average daily traffic volume of some 6,000 vehicles.