NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Calco Surveyors Pty Ltd v Gloucester Shire Council [2007] NSWLEC 396
APPLICANT Calco Surveyors Pty Ltd PARTIES : RESPONDENT Gloucester Shire Council
FILE NUMBER(S) : 11248 of 2006
CORAM: Murrell C
KEY ISSUES: Development Application :- dwelling house to be used as a tourist centre
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Gloucester Local Environmental Plan 2000 Gloucester Flood Plain Management Plan
DATES OF HEARING: 18/06/2007
EX TEMPORE JUDGMENT DATE : 18 June 2007
APPLICANT Mr Calver, agent
LEGAL REPRESENTATIVES: RESPONDENT Mrs L. Finn, solicitor of Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
18 June 2007
11248 of 2006 Calco Surveyors Pty Ltd v Gloucester Shire Council
JUDGMENT 1 This is an extempore judgment for appeal under s 97 of the Environmental Planning and Assessment Act 1979 against Gloucester Shire Council's refusal of a development application to erect a dwelling house on the site known No. 50 Thunderbolts Way, Gloucester. The site is Lot 1 DP 742109 and has an area of some 1.2 hectares.
2 The site is zoned under the Gloucester Local Environmental Plan 2000 7(d) – Environment Protection (Scenic) and dwelling houses are permissible where the lot was created before the effective date of 1969 as is the case with the subject land.
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