NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Howes v Ballina Shire Council [2008] NSWLEC 1138
APPLICANT Margaret Howes PARTIES : RESPONDENT Ballina Shire Council
FILE NUMBER(S) : 10640 of 2007
CORAM: Murrell C
KEY ISSUES: Development Consent :- construction of a gravel access road within Council's dedicated public road
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75
DATES OF HEARING: 07/01/2008
EX TEMPORE JUDGMENT DATE : 7 January 2008
APPLICANT Mr S. Priestley, solicitor of Pickering Priestley
LEGAL REPRESENTATIVES:
RESPONDENT Mr P. Lalich, solcitor of Allens Arthur Robinson
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
7 January 2008
10640 of 2007 Margaret Howes v Ballina Shire Council This determination was given extemporaneously and it has been edited prior to publication
JUDGMENT 1 This judgment is for an appeal under section 97 of the Environmental Planning and Assessment Act, 1979 against a condition imposed by Ballina Shire Council on a development consent for the construction of a gravel access road within the council's dedicated public road.
2 The applicant has appealed the condition of council that reads "the road should be generally in the alignment of the existing track". The applicant submitted with the development application a survey of where it considered it appropriate to construct the road. This is further from the creek on slightly higher land than the tract although generally the area can be described as of little topographic relief but the proposed access way that the applicant showed in the survey plan with the development application takes advantage of higher land. 3 The central issues in the proceedings is the alignment of the road. The council contends it would be a more efficient utilisation of the road reserve to accommodate as many uses as possible.
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