NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Barnes v Dungog Shire Council [2012] NSWLEC 1021 Hearing dates: Applicant's submissions filed 7/12/2011, Respondent's submissions filed 15/12/2011, Applicant's submissions in reply filed 22/12/2011 Decision date: 08 February 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for Lot 182 DP 1156558 and Lot 4 DP1033689 located at 1507 Chichester Dam Road and 75 Wangat Trig Road, Brandon Grove is refused. Catchwords: DEVELOPMENT APPLICATION -subdivision and change of use of dwellings to rural workers dwellings. Preliminary point on permissibility by way of written submissions - whether proposed development is subdivision for the purpose of a boundary adjustment. Legislation Cited: Environmental Planning and Assessment Act 1979 Conveyancing Act 1919 Dungog Local Environmental Plan 2006 State Environmental Planning Policy (Exempt and Complying Development Codes) State Environmental Planning Policy No 4 - Development without consent. Cases Cited: McCabe & Ors v Blue Mountains City Council [2006] NSWLEC 176. Ousley Pty Ltd v Warringah Shire Council [1999] NSWLEC 143 Category: Principal judgment Parties: John Barnes (Applicant)
Dungog Shire Council (Respondent) Representation: Sparke Helmore Lawyers (Respondent) Richard Bennett (Agent for the Applicant) Dianna Grant (Respondent) File Number(s): 10843 of 2011
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