Stivens v Cabonne Shire Council [2012] NSWLEC 1166

Land and Environment Court New South Wales

Medium Neutral Citation: Stivens v Cabonne Shire Council [2012] NSWLEC 1166 Hearing dates: 22 February and 16 April 2012 Decision date: 19 June 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for a tourist facility and ancillary dwelling at Lot 100 DP 1031436, 1034 The Escort Way, Borenore, is refused. 3. The exhibits, except Exhibits 1 and B, may be returned. Catchwords: DEVELOPMENT APPLICATION - tourist facility and ancillary dwelling - whether the dwelling is ancillary to the tourist facility - whether the land cannot reasonably be used for a tourist facility without the erection of a dwelling. Legislation Cited: Cabonne Local Environmental Plan 1991 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Act Model Provisions 1980 State Environmental Planning Policy (Rural Lands) 2008 Cases Cited: Chamwell Pty Limited v Strathfield Council [2007] NSWLEC 114 Category: Principal judgment Parties: Michelle Stivens (Applicant)

Cabonne Shire Council (Respondent) Representation: Counsel Mr P McEwen, SC (Applicant)

Mr A Seton (Respondent) Solicitors Crennan Legal (Applicant)

Marsdens Law Group (Respondent) File Number(s): 10971 of 2011

Judgment 1This is an appeal under the s97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Cabonne Shire Council (council) of a development application (2011/77) for a tourist facility and ancillary dwelling at Lot 100 DP 1031436, 1034 The Escort Way, Borenore (site).