Hanson South Coast Pty Limited v Eurobodalla Shire Council [2007] NSWLEC 493

Hanson South Coast Pty Limited v Eurobodalla Shire Council [2007] NSWLEC 493

The proposed 16 lot subdivision, subject to conditions including an Integrated Environmental Management Plan and s 88 instruments, is consistent with the planning objectives and will not have unacceptable environmental impacts; bushfire risk, stormwater, and effluent disposal can be satisfactorily managed, and threatened species and ecology, including the Yellow-bellied Glider, will not be detrimentally affected.

Parties
Applicant: Hanson South Coast Pty Limited; Respondent: Eurobodalla Shire Council
Jurisdiction
Australia
Judgment Date
02 August 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; development application approved with deferred commencement and conditions.
Legal Topics
Development Application, Subdivision, Ecology, Bushfire Risk, Wetlands Protection, Integrated Environmental Management Plan
Planning and Environment Law Development Application Subdivision Ecology Bushfire Risk Wetlands Protection Integrated Environmental Management Plan

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Hanson South Coast Pty Limited

Applicant

Eurobodalla Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed 16 lot subdivision is consistent with the objectives of the 1(c) Rural Small Holdings zone under the Eurobodalla Rural Local Environmental Plan 1987
  2. 2 Impact of the subdivision on ecology, including wetlands, threatened species, and bushfire risk
  3. 3 Suitability of proposed stormwater and effluent disposal systems

Ratio Decidendi

The proposed 16 lot subdivision, subject to conditions including an Integrated Environmental Management Plan and s 88 instruments, is consistent with the planning objectives and will not have unacceptable environmental impacts; bushfire risk, stormwater, and effluent disposal can be satisfactorily managed, and threatened species and ecology, including the Yellow-bellied Glider, will not be detrimentally affected.

Court Disposition

Appeal upheld; development application approved with deferred commencement and conditions.

Orders

  • The Appeal in respect of Lot 16 and 17 in DP 731810 Sea Acres Drive, Long Beach is upheld.
  • The development application is determined by the granting of a deferred commencement consent subject to the conditions contained in Annexure A.