J. S. Moran v Bega Valley Shire Council [2008] NSWLEC 1131

Land and Environment Court of New South Wales

CITATION : J. S. Moran v Bega Valley Shire Council [2008] NSWLEC 1131

APPLICANT Moran, Janine Sue PARTIES : RESPONDENT Bega Valley ShIre Council

FILE NUMBER(S) : 11313 of 2007

CORAM: Hussey C

KEY ISSUES: :- Development application, subdivision, minimum lot size, environmental capacity, bushfire, site constraints, setback

E P A & Act 1979 LEGISLATION CITED: Lower South Coast Regional Plan 1 & 2 Bega Valley LEP 2002

DATES OF HEARING: 7/02/2008

DATE OF JUDGMENT: 8 April 2008

APPLICANT Mr A Warren Andrew Warren Associates LEGAL REPRESENTATIVES: Solicitor RESPONDENT Mr D Rideaux Clark Rideaux Solicitors Solicitor

JUDGMENT: 1 THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

8 April 2008

11313 of 2007 J S Moran v Bega Valley Shire Council

JUDGMENT

Background 1. Ms Moran has appealed against council's refusal of a 2-lot rural/residential subdivision at 67 Nutleys Creek Road, Bermagui. The proposed new lots (as shown in Attachment 1) are:

· Lot 31; containing an existing cottage and having a proposed area of 5000 sq m. It is triangular-shaped and has a southern boundary of approximately 70m and frontage of 151m. · Lot 32: with a proposed area of 5000 sq m, a southern boundary of 70m, a northern boundary of 90m and a frontage of 56m.

2. The existing allotment is described as Lot 1 DP 1096557. It is situated on the eastern side of Nutleys Road, to which it has a 207m frontage. The lot is triangular shaped and has an area of 10000 sq m.