Simpson v Ballina Shire Council [2009] NSWLEC 1123

Land and Environment Court of New South Wales

CITATION : Simpson v Ballina Shire Council [2009] NSWLEC 1123 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Colin Simpson PARTIES : RESPONDENT Ballina Shire Council

FILE NUMBER(S) : 10845 of 2008

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- convert an existing banana packing and storage shed to a single storey dwelling, carport and the installation of a on-site sewage management system - construction of cl 12(3)(e) - SEPP 1 objection to minimum lot size

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 1 Ballina Local Environmental Plan 1987

CASES CITED: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 Wehbe v Pittwater Council [2007] 156 LGERA 446

DATES OF HEARING: 14/04/09 and 15/04/09

DATE OF JUDGMENT: 24 April 2009

APPLICANT Mr M Young, solicitor SOLICITORS McCartney Young Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr P Clay, barrister SOLICITORS Allens Arthur Robinson

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

28 April 2009

10845 of 2008 Colin Simpson v Ballina Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application 2008/751 by Ballina Shire Council (the council) to convert an existing banana packing and storage shed to a single storey dwelling, carport and the installation of a on-site sewage management system at 215 Duck Creek Mountain Road, Alstonville (the site).