Abernethy Developments Pty Ltd v Cessnock City Council [2009] NSWLEC 1079

Land and Environment Court of New South Wales

CITATION : Abernethy Developments Pty Ltd v Cessnock City Council [2009] NSWLEC 1079 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Abernethy Developments Pty Ltd PARTIES : RESPONDENT Cessnock City Council

FILE NUMBER(S) : 10679 of 2008

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- subdivision, bushfire risk, adequacy of services, drainage, character of development, public interest.

Environmental Planning and Assessment Act 1979 Cessnock Local Environmental Plan 1989 LEGISLATION CITED: Cessnock Development Control Plan 2006 State Environmental Planning Policy 55 – Remediation of land. Hunter Regional Environmental Plan 1989. Hunter Regional Environmental Plan 1989 Heritage

DATES OF HEARING: 3/02/2009 and 4/02/2009

DATE OF JUDGMENT: 13 March 2009

APPLICANT Mr G. McKee, solicitor of McKees Legal Solutions LEGAL REPRESENTATIVES:

RESPONDENT Mr R. Mallik, solicitor of Mallik Rees

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

13 March 2009

10679 of 2008 Abernethy Developments Pty Ltd v Cessnock City Council

JUDGMENT Background. 1 This appeal was lodged against council refusal of a development application for a subdivision to create 11 new residential allotments at Munn Street, Abernethy. A number of issues were initially identified for the appeal, but after conferencing by the parties, these were subsequently reduced to the following: o Insufficient details concerning drainage flow paths, location of existing vegetation, location of bushfire water tanks and new road details. o Flooding and stormwater disposal arrangements. o Impact on EEC o Bushfire risks. o Availability of services, particularly water supply. o Visual impacts. o Adequacy of proposed access road system. o Public interest in terms of bushfire risk, water supply, compatibility of the development with the character of the development and amenity impacts on the historical Abernethy Guest House. 2 However, at the commencement of the proceedings the Court was informed that the parties agreed to consent orders.