Peel v Wagga Wagga City Council [2011] NSWLEC 1002

Land and Environment Court New South Wales

Medium Neutral Citation: Peel v Wagga Wagga City Council [2011] NSWLEC 1002 Hearing dates: 7 December 2010 and 15 December 2010, Decision date: 18 January 2011 Jurisdiction: Class 1 Before: Morris C Decision: 1.The appeal is dismissed. 2.Development application DA 89/2008 to subdivide part of two existing holdings, being Lots 79 and 81 DP 757262 and Lot 22 DP 622994 Yabtree Road Borambola, into four allotments for the purposes of dwelling houses is determined by the refusal of development consent; and 3.The exhibits, other than exhibit D, are returned. Catchwords: Rural subdivision; whether development complies with zone objectives; prime crop and pasture land; existing holding; Legislation Cited: Wagga Wagga Rural Local Environmental Plan 1991 Land and Environment Court Act 1979 State Environmental Planning Policy (Rural Lands) 2008 State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 Wagga Wagga Development Control Plan 2005 Wagga Wagga Local Environmental Plan 2010 Cases Cited: Presrod Pty Ltd v Wollongong City Council [2010] NSWLEC 192 NRS Group Pty Ltd v Cowra Shire Council [2008] NSWLEC Hub Action Group Incorporated v Minister for Planning and Orange City Council [2008] NSWLEC 116 D'Arcy v Bega Valley Shire Council [2002] NSWLEC 88 Texts Cited: Wagga Wagga Spatial Plan 2008 Agfacts Category: Principal judgment Parties: Timothy John Peel (Applicant) Julie Anne Peel (Applicant) Wagga Wagga City Council ( Respondent) Representation: Mr H Robilliard (Applicant) Mr A Bradbury (Respondent) Robilliard Lawyers (Applicant) Williams Love & Nicol (Respondent) File Number(s): 10610 of 2010