Karl Heinz Singman v. Bruce Kerr Pty Limited [1988] NSWLEC 167

Land and Environment Court of New South Wales

CITATION : Karl Heinz Singman v. Bruce Kerr Pty Limited [1988] NSWLEC 167 APPLICANT Karl Heinz Singman

FIRST RESPONDENT PARTIES : Bruce Kerr Pty Limited

SECOND RESPONDENT Gosford City Council

FILE NUMBER(S) : 40234 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Muller v. Dalgety & Co. Ltd (1909); CASES CITED: Hunter Douglas Australia Pty Limited v. Perma Blinds (1968) ; Bailey v. Marinoff, (1971) DATES OF HEARING: DATE OF JUDGMENT: 03/29/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The applicant is a resident of Umina in the State of New South Wales and a member of the Umina Nature Defence Organisation, which is an unincorporated body. In these proceedings orders are sought with respect to the lawfulness of works of filling for the subdivision of land pursuant to an approval granted to the first respondent by the second respondent, and as varied by this Court on appeal.

The second respondent at its meeting of 12thJune, 1984 approved the subdivision of land being Lots 2, 8, 9 and 10 off Neera Road and Cowper Road, Umina, subject to a large number of conditions. The subject land was situate within a residential 2(A3) zone pursuant to the Gosford Planning Scheme Ordinance. The subdivision provided for the creation of 255 residential lots in seven stages, and the dedication of reserves for recreation and for drainage. Works in connection with the subdivision involved filling, drainage and the clearing, realignment, protecting and widening of Ettymalong Creek.