Tuite v Wingecarribee Shire Council [2009] NSWLEC 1279

Land and Environment Court of New South Wales

CITATION : Tuite v Wingecarribee Shire Council [2009] NSWLEC 1279

APPLICANT L Tuite PARTIES : RESPONDENT Wingecarribee Shire Council

FILE NUMBER(S) : 11272 of 2007

CORAM: Moore SC

KEY ISSUES: DEVELOPMENT APPLICATION - SECTION 97 APPEAL :-

CASES CITED: Tuite v Wingecarribee Shire Council [2008] NSWLEC 1315 Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321

DATES OF HEARING: 16 and 17 April and 12 May 2009

DATE OF JUDGMENT: 24 August 2009

APPLICANT Mr P Tomasetti SC INSTRUCTED BY Slade Mainwaring LEGAL REPRESENTATIVES: RESPONDENT Mr C McEwen SC and Mr M Staunton, barrister INSTRUCTED BY B. Bilinsky & Co

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

24 August 2009

07/11272 L Tuite v Wingecarribee Shire Council

JUDGMENT

Introduction 1 SENIOR COMMISSIONER: This is my second decision in these proceedings concerning an application to extract water, for bulk removal by road tanker and subsequent bottling at a different location, from a site in Governors Street at Bundanoon. The site is also 600 m or so from the boundary of Morton National Park. 2 In my August 2008 decision concerning this (then unamended) application (see Tuite v Wingecarribee Shire Council [2008] NSWLEC 1315), I described Governors Street in the following terms: 51 The present landscape of Governors Road is a confined one which is, essentially, only enjoyed whilst travelling along Governors Road itself. The landscape and scenic qualities of Governors Road are those of a narrow, unformed, slightly meandering, rural laneway fringed closely by vegetation.