Scott v The Hills Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Scott v The Hills Shire Council [2016] NSWLEC 1358 Hearing dates:16 and 17 August 2016Date of orders: 26 August 2016 Decision date: 26 August 2016 Jurisdiction:Class 1Before: Chilcott C Decision: The Court orders:(1) The appeal is dismissed.(2) The development application (DA 561/2016/ZB) for the subdivision of land on Lot 10 DP 1191830, located at 186 and 186A Cattai Ridge Rd, Maraylya, is refused.(3) The exhibits are returned, except exhibits A, C and 1. Catchwords: APPEAL: Development application subdivision of land from two lots to three lots – jurisdiction - whether a species impact statement is required Legislation Cited: Environmental Planning and Assessment Act 1997   Land and Environment Court Act 1979   Hills Shire Development Control Plan 2012   The Hills Local Environmental Plan 2012 Threatened Species Conservation Act 1995 Cases Cited: Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited [2010] NSWLEC48 Texts Cited: Nil Category:Principal judgmentParties: Robert Scott (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Dr James Smith (Applicant) Mr Adam Seton (solicitor) (Respondent)   Solicitors: Storey & Gough Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s):2016/00157531Publication restriction:NilJudgment Robert Scott has appealed from the Respondent’s refusal of his development application (DA 561/2016/ZB) for the subdivision of one lot (lot 10 in DP1191830) into three lots (proposed lots 110, 111, and 112) at 186 and 186A Cattai Ridge Rd, Maraylya (the Site). The Site had been created under a previous subdivision (DA 625/2013/ZB). This had...