INA Operations Pty Ltd ATF INA Operations Trust No. 6 v Hawkesbury City Council [2018] NSWLEC 1582

Land and Environment Court New South Wales

Medium Neutral Citation: INA Operations Pty Ltd ATF INA Operations Trust No. 6 v Hawkesbury City Council [2018] NSWLEC 1582 Hearing dates: 29 – 30 October 2018 Date of orders: 07 November 2018 Decision date: 07 November 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: (1) The appeal is dismissed. (2) Development Application No. 0685/16 for the staged alterations, additions and expansion of an existing caravan park to accommodate an additional 208 long term residential sites is refused. (3) The exhibits, other than Exhibits 2, A and G, are returned. Catchwords: DEVELOPMENT APPLICATION: expansion of an existing caravan park to add 208 long term residential sites; whether the development is inconsistent with the zone objectives; whether the development, including the increase in residential density, is incompatible with the rural character of the area; whether the necessary community facilities and services are available in the locality; whether separation to adjoining land is adequate; resident objectors. Legislation Cited: Environmental Planning and Assessment Act 1979 Hawkesbury Local Environmental Plan 2012 Land and Environment Court Act 1979 Local Government Act 1993 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 State Environmental Planning Policy No 21—Caravan Parks Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237 Category: Principal judgment Parties: INA Operations Pty Ltd ATF INA Operations Trust No. 6 (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: Adrian Galasso SC (Applicant)