Shannon Pacific v Minister for Planning [2007] NSWLEC 669

Land and Environment Court of New South Wales

CITATION : Shannon Pacific v Minister for Planning [2007] NSWLEC 669

Applicant: Shannon Pacific Pty Ltd PARTIES : Respondent: Minister for Planning

FILE NUMBER(S) : 11133 of 2006

CORAM: Roseth SC

KEY ISSUES: Development Application :- flooding risk; impact on SEPP 14 wetland

DATES OF HEARING: 08/08/2007, 09/08/2007, 10/08/2007 and 14/09/2007

DATE OF JUDGMENT: 12 October 2007

Applicant: LEGAL REPRESENTATIVES: Mr C McEwen, SC instructed by Ms N Lowe, solicitor of Pike Pike & Fenwick Respondent: Ms S Duggan, barrister instructed by Mr M McDonald, legal officer of the Department of Planning

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

12 October 2007

11133 of 2006 Shannon Pacific Pty Ltd v Minister for Planning

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by the Minister for Planning (the Minister) of a development application to subdivide lot 4 DP1022342, New Entrance Road, South West Rocks into two allotments and to construct a caravan park for 43 sites on one of the lots. At the commencement of the hearing the applicant amended the application by deleting the subdivision part of the proposal.

The site 2 The site is on the eastern side of the Macleay River, opposite the confluence with the Macleay Arm, about 3km to the west of South West Rocks. The river is about 20m from the western boundary of the site. To the east are coastal wetlands protected under State Environmental Planning Policy 14 (SEPP 14). To the north is a small parcel of freehold land and a raised drainage pipe, sometimes referred to as a levee road. To the north of the pipe, are more coastal wetlands. 3 To the south is a tavern, also on lot 4. Further to the east, beyond the coastal wetlands, is low-density housing. Further to the south, beyond the tavern, is a public boat ramp.