NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Southern Cross Community Housing Ltd v Shoalhaven City Council [2010] NSWLEC 1306
APPLICANT PARTIES : Southern Cross Community Housing Ltd RESPONDENT Shoalhaven City Council
FILE NUMBER(S) : 10214 of 2010
CORAM: Fakes C
KEY ISSUES: DEEMED REFUSAL - SUBDIVISION :- provision of affordable housing on a vegetated site; suitability of site given distance from facilities and site constraints; compatibility with exisiting development; removal of vegetation; the public interest
Environmental Planning and Assessment Act 1979 Threatened Species Conservation Act 1995 LEGISLATION CITED: Environment Protection and Biodiversity Conservation Act 1999 Land and Environment Court Act 1979 Shoalhaven Local Environmental Plan 1985
BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 CASES CITED: Gwandalan Summerland Point Action Group Inc v Minister for Planning [2009] NSWLEC 140 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 State Environmental Planning Policy (Affordable Rental Housing) 1999
DATES OF HEARING: 13/10/10-15/10/10
DATE OF JUDGMENT: 9 November 2010
APPLICANT Mr A Pickles [barrister] SOLICITORS Kells The Lawyers LEGAL REPRESENTATIVES:
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