NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wygiren v Kiama Municipal Council and Anor [2008] NSWLEC 1233
APPLICANT Wygiren Pty Limited
PARTIES : FIRST RESPONDENT Kiama Municipal Council
SECOND RESPONDENT Shoalhaven City Council
FILE NUMBER(S) : 11026 of 2007
CORAM: Brown C - Tuor C
KEY ISSUES: Development Application :- construction of a caravan park - loss of agricultural land - the impact on the landscape quality of the rural area - issues associated with providing a housing development in an area not specifically designated for such a development - social impacts - impacts on the existing road network
Environmental Planning and Assessment Act 1979 Kiama Local Environmental Plan 1996 LEGISLATION CITED: State Environmental Planning Policy No 21 Illawarra Regional Environmental Plan No 1 State Environmental Planning Policy (Seniors Living) 2004
CASES CITED: Hub Action Group Incorporated v Minister for Planning and Orange Council [2008] NSWLEC 116 BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399
DATES OF HEARING: 27,28/03/08, 31/03/08-04/04/08
DATE OF JUDGMENT: 18 June 2008
APPLICANT Mr C McEwen SC with Mr M Staunton, barrister SOLICITORS Wilshire Webb Staunton Beattie
FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr I Hemmings, barrister SOLICITORS Russell McLelland Brown with Kearns Garside
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