Great Lakes Council v Big Island Forster Pty Limited & Ors [2007] NSWLEC 270

Great Lakes Council v Big Island Forster Pty Limited & Ors [2007] NSWLEC 270

The First Respondent did not discharge the onus to prove that any continuing lawful use for grazing of livestock existed on Big Island as at 13 December 1996. Alternatively, if such use existed, it was abandoned by 2000 at the latest, with no sufficient evidence of intent or objective acts to preserve the use. Grazing of livestock on the land is therefore unlawful without development consent.

Jurisdiction
Australia
Judgment Date
27 June 2007
Procedural Posture
Civil Enforcement / Judgment After Hearing
Outcome
Declaration made; injunctions and mandatory orders granted; costs reserved for 7 days; Respondents to remove livestock and are restrained from using land for agriculture without consent.
Legal Topics
['development Consent' 'continuing Use Rights' 'abandonment of Use']
['planning and Environment'] ['development Consent' 'continuing Use Rights' 'abandonment of Use']

Case Brief

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Procedural Posture

Civil Enforcement / Judgment After Hearing

Legal Issues

  1. 1 ['Whether development consent is required for grazing on the subject land' 'Whether continuing use rights exist for grazing on Big Island' 'Whether any such use was abandoned']

Ratio Decidendi

The First Respondent did not discharge the onus to prove that any continuing lawful use for grazing of livestock existed on Big Island as at 13 December 1996. Alternatively, if such use existed, it was abandoned by 2000 at the latest, with no sufficient evidence of intent or objective acts to preserve the use. Grazing of livestock on the land is therefore unlawful without development consent.

Court Disposition

Declaration made; injunctions and mandatory orders granted; costs reserved for 7 days; Respondents to remove livestock and are restrained from using land for agriculture without consent.

Orders

  • ['The use of Lots 239 and 242 DP 753168 for agriculture, including grazing of goats or other livestock, is unlawful without development consent.' 'Respondents are restrained from using the land for agriculture, including grazing goats or other livestock, without development consent.' 'Respondents must remove all...