NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Cromane Pty Ltd v Shoalhaven City Council [2010] NSWLEC 1272
APPLICANT Cromane Pty Ltd PARTIES : RESPONDENT Shoalhaven City Council
FILE NUMBER(S) : 10615 of 2010
CORAM: Fakes C
KEY ISSUES: DEVELOPMENT CONSENT - SUBDIVISION :- boundary adjustment subdivision consent, conditions imposed relating to on-site wastewater system on an exisitng dwelling and clearing of native vegetation; s80A, Newbury test; conditons found not to fairly and reasonably relate to the development; appeal upheld
Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Local Government Act 1993 Rural Fires Act LEGISLATION CITED: Protection of the Environment Operations Act 1997 Native Vegetation Act 2003 State Environmental Planning Policy No 1 - Development Standards Drinking Water Catchments Regional Environmental Plan No 1 Shoalhaven Local Environmental Plan 1985
CASES CITED: Cavasinni Constructions Pty Ltd v Fairfield City Council [2010] NSWLEC 65, (2010) 173 LGERA
DATES OF HEARING: 29/09/2010
DATE OF JUDGMENT: 12 October 2010
APPLICANT Mr P Moggach [solicitor] SOLICITOR RMB Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr P Jayne [solicitor] SOLICITOR Sparke Helmore Lawyers
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