Ringtank v Ballina Shire Council and others [2007] NSWLEC 580

Land and Environment Court of New South Wales

CITATION : Ringtank v Ballina Shire Council and others [2007] NSWLEC 580

Applicant: Ringtank Pty Ltd

PARTIES : First Respondent: Ballina Shire Council

Second Respondent: Director General of Planning

FILE NUMBER(S) : 10521, 10522, 10523 and 10524 of 2007

CORAM: Roseth SC

KEY ISSUES: Development Application :- Impact on threatened species

DATES OF HEARING: 11/09/2007, 12/09/2007, 10/10/2007 and 15/11/2007

DATE OF JUDGMENT: 23 November 2007

Applicant: Mr T Robertson, SC instructed by Ms K Gerathy, solicitor of HWL First Respondent: LEGAL REPRESENTATIVES: Ms C Huegill, solicitor

Second respondent: Mr P Clay instructed by Ms.C McMillan, solicitor, Department of Planning

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

23 November 2007

10521-4 of 2007 Ringtank Pty Ltd v Ballina Shire Council (First Respondent) Director General of Planning (Second Respondent)

JUDGMENT 1 Senior Commissioner: These are four appeals against the deemed refusal by the Ballina Shire Council (the council) of four staged development applications in respect of · Lot 4 DP 521415 and lot 64 DP 755626, Empire Vale Road, Empire Vale (Appeal No 10521 of 2007); · Lot 113 DP 755626, Carrs Lane, Keith Hall (Appeal No 10522 of 2007); · Lot 91 DP 755626, Reedy Creek Road, Empire Vale (Appeal No 10523 of 2007); and · Lots 89 and 90 DP 755626, Empire Vale Road, Empire Vale (Appeal No 10524 of 2007). 2 The applications are for Stage 1 of developing the four sites for a dwelling house. They include the designation of an area for the house and shed, construction of vehicular access, revegetation and closure of the 4WD beach access track to the public.