NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Scott v The Hills Shire Council [2016] NSWLEC 1358 Hearing dates: 16 and 17 August 2016 Date of orders: 26 August 2016 Decision date: 26 August 2016 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed. (2) The development application (DA 561/2016/ZB) for the subdivision of land on Lot 10 DP 1191830, located at 186 and 186A Cattai Ridge Rd, Maraylya, is refused. (3) The exhibits are returned, except exhibits A, C and 1. Catchwords: APPEAL: Development application subdivision of land from two lots to three lots – jurisdiction - whether a species impact statement is required Legislation Cited: Environmental Planning and Assessment Act 1997
Land and Environment Court Act 1979
Hills Shire Development Control Plan 2012
The Hills Local Environmental Plan 2012
Threatened Species Conservation Act 1995 Cases Cited: Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited [2010] NSWLEC48 Texts Cited: Nil Category: Principal judgment Parties: Robert Scott (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Dr James Smith (Applicant) Mr Adam Seton (solicitor) (Respondent)
Solicitors: Storey & Gough Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 2016/00157531 Publication restriction: Nil
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