Glenpatrick Pty Ltd v Maclean Shire Council [1989] NSWLEC 191

Land and Environment Court of New South Wales

CITATION : Glenpatrick Pty Ltd v Maclean Shire Council [1989] NSWLEC 191 APPLICANT Glenpatrick Pty Ltd PARTIES : RESPONDENT Maclean Shire Council FILE NUMBER(S) : 10021 of 1989 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act Investments Pty. Ltd. v. Colo Shire Council ((1980) 41 LGRA 270 at 272) ; Warringah Shire Council v. The Minister (Land and Environment Court Unreported 22 March 1988); CASES CITED: Tweed Shire Council v. Wintour (Unreported 22 November 1988); McClelland v. Goulburn City Council ((1976) 35 LGRA 1); Pine Rivers Shire Council v Intercontinental Shelf No. 108 Pty. Ltd. ((1983) 51 LGRA 329).; Canterbury Municipal Council v. Moslem Alawy Society Ltd. ((1986-87) 162 CLR 145 at 150). DATES OF HEARING: DATE OF JUDGMENT: 05/18/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: On 16 January 1989 the applicant filed an appeal in the Court against the deemed refusal of a development application it had lodged with the Council on 23 November 1988. The application is for the development of a movable home park and associated facilities on Goodwood Island situated 7km upstream of the mouth of the Clarence River, and not far from the township of Iluka.

The application seeks to create 1,100 caravan and movable home sites together with recreation facilities. Originally an airstrip was included in the proposal but this has been deleted. It is agreed by the parties that the development is permissible with consent in the Rural 1(a) zone under the Maclean Interim Development Order No. 1. The development includes the creation of a golf course and other recreational facilities such as tennis courts, a swimming pool, 2 boat launching ramps and a club house. Also involved in the development is the creation of two very large internal lakes both opening into the Clarence River. The shores of these lakes are to be surrounded by movable home sites.