Shoalhaven City Council v Cox [1988] NSWLEC 113

Land and Environment Court of New South Wales

CITATION : Shoalhaven City Council v Cox [1988] NSWLEC 113 APPLICANT PARTIES : Shoalhaven City Council RESPONDANT Mr. Cox FILE NUMBER(S) : 40214 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act CASES CITED: DATES OF HEARING: 06/04/1988 DATE OF JUDGMENT: 04/06/1988

APPLICANT Mr. Pannifex LEGAL REPRESENTATIVES: RESPONDENT Mr. McEwen

JUDGMENT:

HIS HONOUR: On 14 October 1986 in Class 1 application No. 10053 of 1986 I granted development consent to a caravan park and camping site at lot 2 Myola Road, Myola, subject to certain conditions. Condition 2 is in the following form:-

"To preserve the future and existing amenity of adjoining residents the applicant shall provide a landscape "buffer" area along the western boundary of the caravan park with:

A) Caravan sites 8 to 29 being located elsewhere on the site away from the western boundary and in lieu the substitution of 15 "tent" camping sites.

B) The provision of a 5m wide densely planted "buffer zone" immediately abutting the western boundary of the site.

C) Immediately adjoining the "buffer" zone described above a further area is to be provided of 10m in width, less densely planted and laid out so as to provide for 15 camping sites accessed from the adjoining internal service roadway.

D) The installation of a 1.8m high cyclone mesh fence to the full length of the western boundary.

E) Access to the beach for residents of the caravan park being confined to the eastern boundary abutting the Crown land reserve."