TMT Devco Pty Limited v Cessnock City Council

Land and Environment Court New South Wales Medium Neutral Citation: TMT Devco Pty Limited v Cessnock City Council [2016] NSWLEC 1161 Hearing dates:29, 30 March 2016Date of orders: 04 May 2016 Decision date: 04 May 2016 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is dismissed.2. Development Application No. 8/2015/49/1 for the demolition of existing buildings and the staged construction of 302 manufactured home sites and ancillary facilities at 18 Fletcher Street, Nulkaba is refused.3. The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of existing buildings and construction of 302 manufactured home sites and ancillary facilities – whether a permissible use – whether zone objectives satisfied – whether proposal has unacceptable scenic impacts - whether adequate information provided to consider application in relation to landscaping, management, evacuation, flooding, water management and protection of the riparian corridors Legislation Cited: Cessnock Local Environmental Plan 2011 Environmental Planning and Assessment Act 1979 Local Government Act 1993 State Environmental Planning Policy No. 21 State Environmental Planning Policy No. 36 Uniform Civil Procedures Rules 2005 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Category:Principal judgmentParties: TMT Devco Pty Limited (Applicant) Cessnock City Council (Respondent) Representation: Counsel: Mr P Rigg, solicitor (Applicant) Mr T Robertson SC (Respondent)   Solicitors: - (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s):10573 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the deemed refusal by Cessnock City Council of Development Application No. 8/2015/49/1 that seeks consent for the "Demolition of existing buildings and construction of 302...