Hanson South Coast Pty Limited v Eurobodalla Shire Council [2007] NSWLEC 493

Land and Environment Court of New South Wales

CITATION : Hanson South Coast Pty Limited v Eurobodalla Shire Council [2007] NSWLEC 493

APPLICANT Hanson South Coast Pty Limited PARTIES : RESPONDENT Eurobodalla Shire Council

FILE NUMBER(S) : 10585 of 2006

CORAM: Murrell C

KEY ISSUES: Development Application :- 16 lot subdivision, impact on ecology - wetlands, vegetation and threatened species, over development of site, bushfire, stormwater and effluent disposal, integrated environmental management plan and s 88 instruments.

Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 14. LEGISLATION CITED: Eurobodalla Rural Local Environmental Plan 1987 Development Control Plan No. 156 Development Control Plan No. 164

DATES OF HEARING: 12/12/2006, 13/12/2006, 14/12/2006 and 26/04/2007

DATE OF JUDGMENT: 2 August 2007

APPLICANT Mr P. Rigg, solicitor of Deacons LEGAL REPRESENTATIVES:

RESPONDENT Mr A. McKelvey, solicitor of Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell J

2 August 2007

10585 of 2006 Hanson South Coast Pty Limited v Eurobodalla Shire Council

JUDGMENT 1 This judgment is for an appeal under s. 97 of the Environmental Planning and Assessment Act 1979 ("the Act") against Eurobodalla Shire Council's refusal of a development application for a 16 Lot subdivision at Long Beach north of Bateman's Bay.