Hautle and anor v Tenterfield Shire Council [2012] NSWLEC 1079

Land and Environment Court New South Wales

Medium Neutral Citation: Hautle and anor v Tenterfield Shire Council [2012] NSWLEC 1079 Hearing dates: 23,24 January 2012, written submissions 20 February 2012, 2 March 2012 and 9 March 2012 Decision date: 02 April 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is dismissed. 2. The application to modify the approval granted for a camping ground at Lot 3, DP 751049 known as Rover Park and located off the Bruxner Highway, Tenterfield is refused. 3. The exhibits are returned with the exception of exhibit B. Catchwords: MODIFICATION: modify approval granted for a camping ground by additional facilities of flying fox, water slide, moto-cross tracks and four-wheel-drive tracks, skirmish course and shower block - inadequate information to properly consider proposal including treatment of the intersection with the Bruxner Highway, impacts on the flora and fauna, soil stability, bushfire threat and noise impacts - inconsistency with zone objectives. Legislation Cited: Environment Protection and Biodiversity Conservation Act 1999 (Cth) Environmental Planning and Assessment Act 1979 Evidence Act 1995 State Environmental Planning Policy No 44 State Environmental Planning Policy No 55 Tenterfield Local Environmental Plan 1996 Threatened Species Conservation Act 1995 Uniform Civil Procedure Rules Cases Cited: Commonwealth Development Bank of Australia v Cassegrain [2002] NSWSC 980 Category: Principal judgment Parties: Hans Hautle and Heidi Hautle (Applicants)