Pideski v Wagga City Council & anor [2010] NSWLEC 1006

Land and Environment Court of New South Wales

CITATION : Pideski v Wagga City Council & anor [2010] NSWLEC 1006

APPLICANTS J & B Pideski

FIRST RESPONDENT PARTIES : Wagga City Council

SECOND RESPONDENT Director-General Department of Planning

FILE NUMBER(S) : 10634 of 2009

CORAM: Moore SC

KEY ISSUES: DEVELOPMENT APPLICATION - DEVELOPMENT CONTROL PLAN :-

LEGISLATION CITED: Wagga Wagga Rural Local Environmental Plan 1991

CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373

DATES OF HEARING: 15 December 2009

DATE OF JUDGMENT: 13 January 2010

APPLICANTS Mr P McEwen SC INSTRUCTED BY Williams Love & Nicol

FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr S Simington Lindsay Taylor Lawyers

SECOND RESPONDENT Mr P Clay, barrister INSTRUCTED BY Department of Planning

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

13 January 2010

10634 of 2009 Pideski v Wagga City Council & anor

JUDGMENT 1 SENIOR COMMISSIONER: Brucedale is a locality on the northern side of the city of Wagga Wagga located approximately 15 km from the city's centre along the Olympic Highway (the highway). Brucedale Road runs from this highway, in a generally westerly direction, to a rural residential subdivision located on the upper slopes of a hill some half a kilometre or so from the highway. Although this rural residential subdivision was inspected during the course of the site view, nothing concerning its circumstances warrants recital given the conclusions discussed below.