Eastbrook Pastoral Pty Ltd v Muswellbrook Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Eastbrook Pastoral Pty Ltd v Muswellbrook Shire Council [2014] NSWLEC 1144 Hearing dates:3 & 4 July 2014. Agreed conditions filed 15 July 2014Decision date: 22 July 2014 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: Development application: subdivision, whether minimum allotment provisions of LEP apply to community title subdivision, adequacy of water and sewerage services, density, character, visual impacts, earthworks, traffic, impact on road network. Legislation Cited: Environmental Planning and Assessment Act 1979; Muswellbrook Local Environmental Plan 2009; State Environmental Planning Policy (Exempt and Complying Development) 2008; Standard Instrument (Local Environmental Plans) Order 2006; Standard Instrument-Principal Local Environmental Plan Cases Cited: Codlea Pty Ltd v Byron Shire Council [1999] NSWCA 399 Texts Cited: Muswellbrook Shire Development Control Plan 2009; Muswellbrook Residential and Rural Residential Strategy - Final Report; Walk and Cycle Plan for Muswellbrook and Denman; Building Code of Australia Category:Principal judgmentParties: Eastbrook Pastoral Pty Limited (Applicant) Muswellbrook Shire Council (Respondent) Representation: Mr M Staunton (Applicant) Mr J Cole HWL Ebsworth Lawyers (Applicant) Mr A Seton Marsdens Law Group (Respondent) File Number(s):10087 of 2014 JudgmentEastbrook Pastoral Pty Ltd lodged development application No 98/2013 seeking consent to re-subdivide States 16-18 of the existing Eastbrook Links Estate in two stages, state one being a two lot subdivision to create a development lot and a residue and stage two, a community title subdivision of the development lot into 167 community title lots of which one is to be a community lot and the...