Riordans Consulting Surveyors Pty Limited v Lismore City Council [2010] NSWLEC 1333

Land and Environment Court of New South Wales

CITATION : Riordans Consulting Surveyors Pty Limited v Lismore City Council [2010] NSWLEC 1333

APPLICANT Riordans Consulting Surveyors Pty Limited PARTIES : RESPONDENT Lismore City Council

FILE NUMBER(S) : 10726 of 2009

CORAM: Moore SC

KEY ISSUES: DEVELOPMENT APPLICATION - SUBDIVISION - THREATENED SPECIES :- Steepness of roads; koala habitat and necessity for plan of management; s 94 contributions

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979

CASES CITED: Rose Consulting Group v Baulkham Hills Shire Council [2003] NSWCA 266; (2003) 58 NSWLR 159; (2003) 129 LGERA 165

DATES OF HEARING: 7 and 8 October and 3 November 2010

DATE OF JUDGMENT: 1 December 2010

APPLICANT Mr P Rigg, solicitor Norton Rose LEGAL REPRESENTATIVES: RESPONDENT Mr M Young, solicitor McCartney Young Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

1 December 2010

09/10726 Riordans Consulting Surveyors Pty Limited v Lismore City Council

JUDGMENT Introduction 1 SENIOR COMMISSIONER: The Bruxner Highway (the Highway), running east from Lismore toward the coast, has a ribbon of residential development of varying depths on the northern side of the Highway forming the eastern suburbs of the city. In the midst of that ribbon of urban development, one house removed to the north of the Highway, is a former grazing property that is partly comprised of a single domestic scale frontage to the Highway; a substantial element of steep and gullied land falling to the north and a residual agricultural area, on flatter land running to the north toward Bangalow Road. The steep and gullied portion of this land comprises the site that is the subject of these proceedings.