RVA Australia Pty Ltd v Sutherland Shire Council No. 3 [2017] NSWLEC 1743

Land and Environment Court New South Wales

Medium Neutral Citation: RVA Australia Pty Ltd v Sutherland Shire Council No. 3 [2017] NSWLEC 1743 Hearing dates: 13-17 February and 21 August, 2017 Date of orders: 21 December 2017 Decision date: 21 December 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 14/1238 for a recreation camp/eco-tourist accommodation at 60-70 Bournemouth Street, Bundeena and Development Application No. 14/1239 for access over the Sussex Street paper road and clearing to the south of the site, is approved, subject to the conditions of consent at Annexure A and Annexure B. 3. The exhibits other than 2, 4 and A, have been returned. Catchwords: DEVELOPMENT APPLICATIONS: recreation camp and access road; no legal access to the site; bush fire safety; ecological impacts; whether there is owner's consent for works required beyond the site for bush fire safety; whether the caretaker's accommodation is a separate and independent use. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rural Fires Act 1997 Threatened Species Conservation Act 1995 National Parks and Wildlife Act 1974 Conveyancing Act 1919 Cases Cited: Union Bank v Harrison Jones & Delvin Ltd (1910) 11 CLR 492 BGP Properties v Lake Macquarie (2004) 138 LGERA 237 Huntington & Macgillivray v Hurstville City Council (No 2) [2005] NSWLEC 155 RVA Australia Pty Ltd v Sutherland Shire Council [2017] NSWLEC 1161 RVA Australia Pty Ltd v Sutherland Shire Council No. 2 [2017] NSWLEC 1449 Category: Principal judgment Parties: RVA Australia Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Ms S. Duggan SC with Mr D. Beaufils barrister (Applicant) Mr M. Staunton barrister with Ms J. Reid barrister (Respondent)