Sgro v Greater Taree Council [2014] NSWLEC 1113

Land and Environment Court New South Wales

Medium Neutral Citation: Sgro v Greater Taree Council [2014] NSWLEC 1113 Hearing dates: 3, 4 and 5 March 2014 Decision date: 16 June 2014 Jurisdiction: Class 1 Before: Dixon C Decision: 1.Appeal upheld. 2.Development consent is granted to Development Application 174/2012 in accordance with the plans and subject to the conditions in Exhibit J. 3.The Council is directed to file an electronic version of the conditions of consent with the Court within 7 days of the date of this judgment. 4.The Exhibits are returned to the parties apart from Exhibits 1 and J. Catchwords: Development Application -existing use rights -caravan park (with repair/sales) and service station (convenience store/ refreshment rooms)- the meaning of "the land " for the purposes of cl 45(b) of the Environmental Planning and Assessment Regulation 2000 Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Greater Taree Local Environmental Plan 2010 Cases Cited: North Sydney Municipal Council v Boyts Radio & Electrical Pty Ltd (1988) 16 NSWLR 50 at 59 Royal Agricultural Society of New South Wales v Sydney City Council (1987) 61 LGERA 305 at 310 Scully v Leichhardt Council (1994) 85 LGERA 109 at 111). Category: Principal judgment Parties: Joseph Sgro (Applicant) Greater Taree Council (Respondent) Representation: Mr C McEwen SC with Mr J Doyle (Applicant) Mr Wright (Respondent) Hunter Lawyers (Applicant) Marsdens Lawyers (Respondent) File Number(s): 10750 of 2013