Artlong Pty Limited v Goulburn Mulwaree Council [2008] NSWLEC 1494

Land and Environment Court of New South Wales

CITATION : Artlong Pty Limited v Goulburn Mulwaree Council [2008] NSWLEC 1494

APPLICANT Artlong Pty Limited PARTIES : RESPONDENT Goulburn Mulwaree Council

FILE NUMBER(S) : 10808 of 2008

CORAM: Hussey C

KEY ISSUES: Section 96 Modification :- Rural road standards

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Rural Fires Act 1979 Roads Act 1993 Mulwaree Local Environmental Plan 1995

DATES OF HEARING: 10/12/2008

DATE OF JUDGMENT: 19 December 2008

APPLICANT Mr A. Seton, solicitor of Marsdens Law Group LEGAL REPRESENTATIVES:

RESPONDENT Mr M. Baird, barrister

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

19 December 2008

10808 of 2008 Artlong Pty Limited v Goulburn Mulwaree Council

JUDGMENT Background. 1 This appeal was lodged against the deemed refusal of a section 96 application to modify a development consent for a 4 lot rural subdivision at 2121 Caoura Road, Tallong.

2 The site has an area of 120.3ha. It is situated at the eastern end of Caoura Road and relies a short section of approximately 1km of Crown Road for access. The lead in road to the property is substantially unsealed. 3 The approved subdivision allows the creation of the following lots: o Lot 1 (48.13ha) – consisting of 2 parts because it is split by a right-of-way that will be used to provide access to this lot and Lots 2 and 3. o Lot 2 (10ha) – located at the eastern portion of the land o Lot 3 (49.15ha) – located on the southern portion of the land. o Lot 4 (10.03ha) – located on the north western portion of the land and its access is via a separate right-of-way. 4 Insofar as a number of issues were identified for the appeal, these were mostly resolved by conferencing by the parties. The outstanding issue concerned the standard of road construction for the new internal access road and the upgrading of the lead in section of Caoura Road.