Trustees of the Roman Catholic Church for the Diocese of Lismore v Nambucca Shire Council & Northern Region Joint Regional Planning Panel [2011] NSWLEC 1346

Land and Environment Court New South Wales

Medium Neutral Citation: Trustees of the Roman Catholic Church for the Diocese of Lismore v Nambucca Shire Council & Northern Region Joint Regional Planning Panel [2011] NSWLEC 1346 Hearing dates: 23, 24 August, 24, 31 October 2011. Decision date: 30 November 2011 Jurisdiction: Class 1 Before: Hussey C Decision: (1) The appeal is dismissed. (2) Development consent to DA 2010/234 for a new primary school at Lot 11 DP 805157 Dudley Street, Macksville is refused. (3) The exhibits may be returned except for 3, 7, 16, 19, K. Catchwords: Development application: Primary school, flood risk, site suitability, public interest Legislation Cited: Environmental Planning and Assessment Act 1979 SEPP (Major Development) 2005, which applies because the capital investment value exceeds $5 million SEPP No 44 - Koala Habitat Protection SEPP No 55 - Remediation of Land SEPP No 71 - Coastal Protection SEPP (Infrastructure) 2007 Nambucca Development Control Plan (NDCP) 2010 Cases Cited: Hackett v Hawkesbury City Council [2006] NSWLEC 503 Primo Estates Pty Ltd v Wagga Wagga City Council [2005] NSWLEC 632 Category: Principal judgment Parties: Trustees of the Roman Catholic Church for the Diocese of Lismore (Applicant)

Nambucca Shire Council (First Respondent) Northern Region Joint Regional Planning Panel (Second Respondent) Representation: Counsel Mr P McEwen SC (Applicant)