James & Anor v Mid-Western Regional Council [2007] NSWLEC 774

Land and Environment Court of New South Wales

CITATION : James & Anor v Mid-Western Regional Council [2007] NSWLEC 774

APPLICANT Robert James and Maria James PARTIES : RESPONDENT Mid-Western Regional Council

FILE NUMBER(S) : 10863 of 2007

CORAM: Bly C

KEY ISSUES: Development Consent :- Consent Orders, motel, restaurant, car parking, landscaping

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 19/11/2007

EX TEMPORE JUDGMENT DATE : 19 November 2007

APPLICANT Mr T. Cork, solicitor of McPhee Kelshaw LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Clay, solicitor of McIntosh McPhillamy & Co

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

19 November 2007

10863 of 2007 Robert James and Maria James v Mid-Western Regional Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 On 21 June 2006, the Mid-Western Regional Council granted conditional Development Consent No. DA28/2006 for a motel at Spring Flat Road, Spring Flat, a short distance to the south-east of Mudgee. The 4.9 hectare site comprises lot 1 in DP1096525.

2 According to the Statement of Environmental Effects, the approved development involves the demolition of an existing dwelling house and the erection of a motel comprising 32 motel units, including a reception and restaurant building and other ancillary facilities. A car parking area is to be provided, together with landscaping around the perimeter of the site and within the curtilage of the proposed buildings.