Scheele v Cooma-Monaro Shire Council [2013] NSWLEC 1053

Land and Environment Court New South Wales

Medium Neutral Citation: Scheele v Cooma-Monaro Shire Council [2013] NSWLEC 1053 Hearing dates: 18,19 March 2013 Decision date: 03 April 2013 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application 24/10 for the subdivision of Lot 41 in DP 257114 and Lot 44 in DP 39926 into 16 lots is refused. 3.The exhibits are returned with the exception of exhibits 1, A and B. Catchwords: DEVELOPMENT APPLICATION: subdivision of land into 16 lots - whether land "used primarily for the purpose of agriculture" - potential use of lots for a dwelling - bushfire risk - impact on flora and fauna - access - provision of public goods and services Legislation Cited: Conveyancing Act 1919 Cooma-Monaro Development Control Plan No 1- Development and Subdivision of Land (Urban and Rural) Cooma-Monaro Local Environmental Plan 1999 (Rural) Draft Cooma-Monaro Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Carr v Goulburn City Council (Land and Environment Court of New South Wales (Unreported), 21 June 1983, 20518 of 1982, Cripps J Glover v Yarrowlumla Council (Unreported, Appeal No 10398 of 1998, Bignold J Macdonald v Mosman Municipal Council 105 LGERA 49) Category: Principal judgment Parties: Lawrence Dennis Scheele (Applicant) Cooma-Monaro Shire Council (Respondent) Representation: Counsel Litigant in person (Applicant) Mr A Bradbury, solicitor (Respondent) Solicitors - (Applicant) Bradley Allen Love Lawyers (Respondent) File Number(s): 11148 of 2012