Tang v Kiama Municipal Council [2019] NSWLEC 1464

Land and Environment Court New South Wales

Medium Neutral Citation: Tang v Kiama Municipal Council [2019] NSWLEC 1464 Hearing dates: 17-18 June 2019 Date of orders: 03 October 2019 Decision date: 03 October 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application for the demolition of an existing dairy and the construction of a 3-storey principal dwelling house, a secondary dwelling house, farm-stay accommodation comprising 5 self-contained buildings, a reception building and hay and tractor sheds at Lot 12 DP 866128 is refused. (3) The exhibits are returned, except for Exhibits A and 10. Catchwords: APPEAL – development application – farm stay accommodation – dwelling house – rural development – permissibility of farm stay accommodation – aboriginal cultural heritage impacts unknown – bulk and scale of the development – scale and siting of principal dwelling – large dwelling on side of the ridge – whether conspicuous in the landscape – whether protects and maintains scenic rural landscapes and low density residential character Legislation Cited: Environmental Planning and Assessment Act 1979 Kiama Local Environmental Plan 2011 Land and Environment Court Act 1979 Cases Cited: Hrsto v Canterbury City Council (No 2) (2014) 204 LGERA 148; [2014] NSWLEC 121 Lemnian Association of NSW Maroula Club Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1075 Shire of Perth v O'Keefe (1964) 110 CLR 529 Texts Cited: Kiama Development Control Plan 2012 NSW Agriculture - Illawarra Region – Agricultural Land Classification Map Category: Principal judgment Parties: Mingyu Tang (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: M Mantei (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)