Forgall Pty Limited (ACN 074 213 933) v Greater Taree City Council

Land and Environment Court New South Wales Medium Neutral Citation: Forgall Pty Limited (ACN 074 213 933) v Greater Taree City Council [2014] NSWLEC 1132 Hearing dates:24 and 25 March 2014Decision date: 30 June 2014 Jurisdiction:Class 1Before: Dixon C Decision: 1. Appeal dismissed.2 Development Application 673/2008 for the construction of a Bio-clinic Facility at Lot 2, DP 1148343, Saltwater Road, Wallabi Point is refused.3. The exhibits are returned except for exhibit D. Catchwords: DEVELOPMENT APPLICATION -Bio-clinic Facility on rural land adjacent to a National Park and Nature Reserve - Permissibility - Consistency with zone objectives Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Native Vegetation Act 2003 National Parks and Wildlife Act 1974 State Environmental Planning Policy No 71 - Coastal Protection Greater Taree Local Environmental Plan 2010 Greater Taree Local Environmental Plan 1995 Cases Cited: Dem Gillespies v Warringah Council [2002] 124 LGERA 147 Texts Cited: NSW Rural Fire Service - Planning for Bushfire Protection 2006 Category:Principal judgmentParties: Forgall Pty Limited (ACN 074 213 933) (Applicant) Greater Taree City Council (Respondent) Representation: Chris Shaw (Applicant) Adam Seton (Respondent) Shaw Reynolds Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s):10370 of 2013 JudgmentThis is an appeal under s97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of a development application for the construction of a 'Bio-clinic Facility' on rural land at Lot 2, DP 1148343, Saltwater Road, Wallabi Point. The proposalAs this is the first application...