Wakefield Planning Pty Limited v Yass Valley Council [2014] NSWLEC 1131

Land and Environment Court New South Wales

Medium Neutral Citation: Wakefield Planning Pty Limited v Yass Valley Council [2014] NSWLEC 1131 Hearing dates: 11, 12, 13 and 14 February; 10 and 11 April 2014 Decision date: 27 June 2014 Jurisdiction: Class 1 Before: Moore SC Decision: 1.The appeal is dismissed; 2.Development Application 5.2012.34.1 for the establishment of a caravan park at 661 Shingle Hill Way, Gundaroo is determined by the refusal of development consent; and 3.The exhibits, other than Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: caravan park; compatibility with rural character; impact on endangered ecological community; Crown roads within site without owner's consent; land degradation Legislation Cited: Environmental Planning and Assessment Act 1979 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 Local Government Act 1919 State Environmental Planning Policy 21 - Caravan Parks State Environmental Planning Policy No 36-Manufactured Home Estates Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399; (2004) 138 LGERA 237 Category: Principal judgment Parties: Wakefield Planning Pty Limited (Applicant) Yass Valley Council (Respondent) Representation: Mr M Staunton, barrister (Applicant) Mr P Clay SC (Respondent) Gillespie-Jones & Co (Applicant) Bradley Allen Love Lawyers (Respondent) File Number(s): 10585 of 2013