Ison v Richmond Valley Council [2012] NSWLEC 1167

Land and Environment Court New South Wales

Medium Neutral Citation: Ison v Richmond Valley Council [2012] NSWLEC 1167 Hearing dates: 1 and 2 May 2012 Decision date: 19 June 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for restoration works to an existing dwelling at 237 Pacific Highway, Broadwater, is refused. 3. The exhibits, except Exhibit 11, may be returned. Catchwords: DEVELOPMENT APPLICATION - "restoration" works to an existing dwelling. Whether the building is an existing dwelling and the development is for restoration works. Whether the proposed works satisfy the requirements for development on flood liable land. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Act Model Provisions 1980 Land and Environment Court Act 1979 North Coast Regional Environmental Plan Richmond River Local Environmental Plan 1992 State Environmental Planning Policy No 71 - Coastal Protection Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Richmond Valley Council v Ison [2011] NSWLEC 142 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Limited v Sutherland Shire Council 2003 NSWCA Wollondilly Shire Council v 820 Caivdor Road Pty Ltd [2012] NSWLEC 71 Wollongong City Council v Vic Vellar Nominees Pty Ltd (2010) 178 LGERA 445 Category: Principal judgment Parties: Rodney Harold Ison (Applicant)