Eastbrook Estate Pty Ltd v Muswellbrook Council [2008] NSWLEC 1118

Land and Environment Court of New South Wales

CITATION : Eastbrook Estate Pty Ltd v Muswellbrook Council [2008] NSWLEC 1118 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Eastbrook Estate Pty Ltd PARTIES : RESPONDENT Muswellbrook Council

FILE NUMBER(S) : 11032 of 2007

CORAM: Hoffman C

KEY ISSUES: Development Consent :- cycleway construction, engineering works in land that may be dedicated to Council

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Mussellbrook Local Environmental Plan 1985

DATES OF HEARING: 31/01/2008 and 05/03/08

DATE OF JUDGMENT: 18 March 2008

APPLICANT Mr Newport, barrister instructed by Mr G. Long of Law & Planning, Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr McKelvey, solicitor of Sparke Helmore, Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

18 March 2008

11032 of 2007 Eastbrook Estate Pty Ltd v Muswellbrook Council

JUDGMENT 1 Commissioner: This is an appeal against the deemed refusal of a s96 application to further modify development consent DA 263/2004 as amended by council on 10 December 2007.

2 The consent relates to stages 7 to 31 of a large residential subdivision of 1048 lots called the Eastbrook Links Estate off the New England Highway, at Bimbadeen Avenue, East Muswellbrook. The site titles are Lot 20 DP24649 and Lot 609 DP1089308 being No.8911 New England Highway. 3 This appeal was dealt concurrently with Appeal No.11174 of 2007, regarding the refusal by council to issue a Subdivision Certificate for Stage 10 of the development.