NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Berringer Road Pty Limited v Shoalhaven City Council [2010] NSWLEC 1140 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Berringer Road Pty Limited PARTIES : RESPONDENT Shoalhaven City Council
FILE NUMBER(S) : 10463 of 2009
CORAM: Murrell C
KEY ISSUES: DEVELOPMENT APPLICATION :- Caravan Park for 75 long term sites; contrary to strategic planning; public interest and Native Vegetation Act; site is isolated and social impact.
Environmental Planning and Assessment Act 1979 Local Government Act 1993 Native Vegetation Act 2003 Shoalhaven Local Environmental Plan 1985 LEGISLATION CITED: Shoalhaven Draft Local Environmental Plan 2009 State Environmental Planning Policy No. 21 South Coast Regional Strategy Department of Planning Residential Parks Act 1998 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds, and Movable Dwellings) regulation of 2005 Design Guidelines for Permanent Occupancy of Caravan Parks - Shoalhaven City Council
BGP Properties v Lake Macquarie City Council (2004) NSWLEC 399 CASES CITED: Terrace Tower Holdings Pty Ltd v Sutherland Shire Council [2003] NSWCA 289 Wygiren v Kiama Municipal Council and Anor [2008] NSWLEC 1233 Emilly II Investments v Rockdale City Council and Anor [2009] NSWLEC 1229
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