Ulan Coal Mines Pty Limited v Mid-Western Regional Council [2013] NSWLEC 1167

Land and Environment Court New South Wales

Medium Neutral Citation: Ulan Coal Mines Pty Limited v Mid-Western Regional Council [2013] NSWLEC 1167 Hearing dates: 6 to 10 and 13 to 17 May and 12 June 2013 Decision date: 30 August 2013 Jurisdiction: Class 3 Before: Moore SC Decision: In Matter 31279 of 2012, the orders of the Court are: 1.The appeal is upheld; 2.The classification as at 1 July 2012 of the parcel with Mid-Western Regional Council's property identification number 8541 for the purposes of Part 3 of Chapter 15 of the Local Government Act 1993 is as farmland; and 3.Exhibits A, 7 and 16 are retained. In Matter 31280 of 2012, the orders of the Court are: 1.The appeal is upheld; 2.The classification as at 1 July 2012 of the parcel with Mid-Western Regional Council's property identification number 13168 for the purposes of Part 3 of Chapter 15 of the Local Government Act 1993 is as farmland; and 3.Exhibits B, 8 and 17 are retained. In Matter 31281 of 2012, the orders of the Court are: 1.The appeal is upheld; 2.The classification as at 1 July 2012 of the parcel with Mid-Western Regional Council's property identification number 13913 for the purposes of Part 3 of Chapter 15 of the Local Government Act 1993 is as farmland; and 3.Exhibits C, 9 and 18 are retained. In Matter 31282 of 2012, the orders of the Court are: 1.The appeal is upheld; 2.The classification as at 1 July 2012 of the parcel with Mid-Western Regional Council's property identification number 13935 for the purposes of Part 3 of Chapter 15 of the Local Government Act 1993 is as residential; and 3.Exhibits D, 10 and 19 are retained. In Matter 31283 of 2012, the orders of the Court are: 1.The appeal is upheld; 2.The classification as at 1 July 2012 of the parcel with Mid-Western Regional Council's property identification number 13953 for the purposes of Part 3 of Chapter 15 of the Local Government Act 1993 is as residential; and 3.Exhibits E, 11 and 20 are retained. In Matter 31284 of 2012, the orders of the Court are: 1.The appeal is upheld; 2.The classification as at 1 July 2012 of the parcel with Mid-Western Regional Council's property identification number 18934 for the purposes of Part 3 of Chapter 15 of the Local Government Act 1993 is as farmland; and 3.Exhibits F, 12 and 21 are retained. In Matter 31285 of 2012, the orders of the Court are: 1.The appeal is upheld; 2.The classification as at 1 July 2012 of the parcel with Mid-Western Regional Council's property identification number 19609 for the purposes of Part 3 of Chapter 15 of the Local Government Act 1993 is as farmland; and 3.Exhibits G, 13 and 22 are retained. In Matter 31286 of 2012, the orders of the Court are: 1.The appeal is upheld; 2.The classification as at 1 July 2012 of the parcel with Mid-Western Regional Council's property identification number 20406 for the purposes of Part 3 of Chapter 15 of the Local Government Act 1993 is as residential; and 3.Exhibits H, 14 and 23 are retained. In Matter 31287 of 2012, the orders of the Court are: 1.The appeal is upheld; 2.The classification as at 1 July 2012 of the parcel with Mid-Western Regional Council's property identification number 20955 for the purposes of Part 3 of Chapter 15 of the Local Government Act 1993 is as farmland; and 3.Exhibits J, 15 and 24 are retained. Catchwords: Rating categorisation Legislation Cited: Local Government Act 1993 Valuation of Land Act 1916 Mid-Western Regional Local Environmental Plan 2012 Cases Cited: Peabody Pastoral Holdings Pty Limited v Mid-Western Regional Council [2013] NSWLEC 86 Ulan Coal Mines Ltd v Mudgee Shire Council (unreported, 11 January 1988) Category: Principal judgment Parties: Ulan Coal Mines Pty Limited (Applicant)