NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ryan v Harden Shire Council [2007] NSWLEC 663
Applicant: James Ryan PARTIES : Respondent: Harden Shire Council
FILE NUMBER(S) : 10604; 10605 of 2007
CORAM: Roseth SC
KEY ISSUES: Development Application :- concessionary allotments, rural dwellings
LEGISLATION CITED: Interim Development Order 1
DATES OF HEARING: 05/10/2007
DATE OF JUDGMENT: 10 October 2007
Applicant: LEGAL REPRESENTATIVES: Mr P Crennan, solicitor of McIntosh McPhillamy & Co Respondent: Mr R Graham, solicitor of HWL Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC
10 October 2007
10604 of 2007 10605 of 2007 James Ryan v Harden Shire Council
JUDGMENT 1 Senior Commissioner: These are two appeals against the refusal by Harden Shire Council (the council) of two development applications to erect a dwelling house on each of lot 714 DP 753624, Cemetery Road, Harden and lot 715 DP 753624, Substation Road, Harden.
The sites 2 Each of lots 714 and 715 has an area of about 21 hectares. They are contiguous and form part of a landholding that was in single ownership on 4 June 1976 (the day IDO 1 was gazetted), and which also contained lots 554, 555 and 556. The area of that combined holding is about 180 hectares. On lot 556 there is a dwelling house and a structure that was once used as a house and is now without water and electricity. 3 I have not seen the sites and, for the purposes of this judgment, it is not necessary that I should know their characteristics.
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