Monaro Acclimatisation Society & Anor v The Minister for Planning & Anor [1989] NSWLEC 164

Land and Environment Court of New South Wales

CITATION : Monaro Acclimatisation Society & Anor v The Minister for Planning & Anor [1989] NSWLEC 164 APPLICANT Monaro Acclimatisation Society PARTIES : RESPONDENT The Minister for Planning & Anor FILE NUMBER(S) : 40187 of 1987 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act Burns Philp v. Wollongong City Council ((1983) 49 LGRA 420); Devon v. Lake Macquarie Council (Land and Environment Court, McClelland J. 27 July 1984); CSR v. Yarrowlumla Shire Council (Land and Environment Court, Unreported 2 August 1985); CASES CITED: Broomham v. Tallaganda Shire Council Land and Environment Court, Unreported 31 October 1986); Jessop v. W.R.A. Willcocks Pty. Ltd. (Land and Environment Court, Unreported 23 December 1988); Hunter Resources v. Melville ((1987) 77 ALR 8); Scurr v. Brisbane City Council (1973) 133 CLR 242 at 255). DATES OF HEARING: DATE OF JUDGMENT: 03/02/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: On 12 September 1985 Teerman Newton lodged a development application on behalf of Planned Rural Resources Pty. Ltd. (the secondnamed respondent) with the Snowy River Shire Council. The application was accompanied by a report entitled "Muzzlewood Station : A planned rural development". The proposal was to create a consolidated holding to be operated as a single agricultural enterprise; to provide 125 residential strata lots and to establish a holiday village on the shores of Lake Eucumbene. The application acknowledged that the relevant Snowy River Local Environmental Plan No. 4 would require amendment since the minimum subdivision size under the plan is 100 hectares. Additionally, the LEP would have to be amended to permit the holiday village, comprising holiday cabins, caravan and camping facilities, a shop and various tourist facilities relating to boating and fishing on the Lake. The Muzzlewood property comprises some 750 hectares and is zoned partly Rural 'A' and partly Rural Environmental Pro tection (Water Catchment Area) 7(C) under the LEP No. 4.