Houghton v Shoalhaven City Council [2016] NSWLEC 1195

Land and Environment Court New South Wales

Medium Neutral Citation: Houghton v Shoalhaven City Council [2016] NSWLEC 1195 Hearing dates: 2-3 May 2016 Date of orders: 24 May 2016 Decision date: 26 May 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: tourist and visitor accommodation; siting of development; visual impact; zone objectives; compliance with planning controls Legislation Cited: Shoalhaven Local Environmental Plan 2014; Environmental Planning and Assessment Act 1979; Rural Fires Act 1997 Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: Wayne Houghton (Applicant)

Shoalhaven City Council (Respondent) Representation: Solicitors: Mr A Bradbury, Bradley Allen Love (Applicant)

Mr S Simington Lindsay Taylor Lawyers (Respondent) File Number(s): 2016/153920 (formerly 11154 of 2015)

Judgment 1. Dr Houghton owns land known as 260 Mount Hay Road, Broughton Vale and authorised the submission of Development Application 14/2381 to Shoalhaven City Council on 5 November 2014 seeking consent for alterations and additions to an existing tourist facility. 2. The council refused consent on 3 November 2015 and Dr Houghton is appealing that determination.

The site and its context 1. The site is legally described as Lot 2 in DP 4498, known as No 260 Mount Hay Road (private) Broughton Vale. It is an irregularly shaped allotment which has an area of 47.3 hectares. Access to the site is from a private road (Mount Hay Road) which includes a right of way over Lot 102 and Lots 103 in DP 786955. Bong Bong Road provides public road access to the site. The right-of-way also serves additional properties to the north of the site. 2. The site is generally north of the town of Berry and is elevated above that township midway up the escarpment, that area forming part of the Great Dividing Range. 3. According to the council's Statement of Facts and Contentions (Exhibit 2), the site is used for primary production (beef cattle grazing) and presently contains a primary dwelling with outbuildings and six accommodation units in the form of 5 single bedroom cabins and a converted former dairy bales building, indoor swimming pool and landscaped grounds. 4. Beyond the curtilage of the residential and tourist development the site is partially vegetated and used for cattle grazing. 5. Surrounding properties are used for grazing of livestock and rural residential purposes with the escarpment heavily vegetated.