Damilabe Pty Ltd v Gunnedah Shire Council [2018] NSWLEC 1295

Land and Environment Court New South Wales

Medium Neutral Citation: Damilabe Pty Ltd v Gunnedah Shire Council [2018] NSWLEC 1295 Hearing dates: 24 May 2018 Date of orders: 19 June 2018 Decision date: 19 June 2018 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to rely on amended Clause 4.6 written request of 4 May 2018. (2) The appeal is upheld. (3) Development Application 2016/134 for Lot 222 DP 849115, also known as Damilabe, Kamilaroi Highway, Gunnedah is approved subject to Annexure A. (4) The Exhibits, except Exhibits 1 and B are returned. Catchwords: APPEAL: development application: refused by council; historical subdivision; clause 4.6 variation; minimum lot size; zone objectives; agricultural purpose; precedence. Legislation Cited: Environmental Planning and Assessment Act 1979 No. 203 Gunnedah Local Environment Plan 1986 Gunnedah Local Environment Plan 2012 Protection of the Environment Administration Act 1991 No 60 Cases Cited: Emmott v Ku-ring-gai Municipal Council [1954] 3 LGRA 177 MB Investments Pty Ltd v Hawkesbury City Council [2015] NSWLEC 1361 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Texts Cited: Macquarie Dictionary New England West Regional Plan 2036. Department of Planning and Environment Category: Principal judgment Parties: Damilabe Pty Ltd (Applicant) Gunnedah Shire Council (Respondent) Representation: Counsel: Dr J Smith (Applicant)