Berringer Road Pty Limited v Shoalhaven City Council

Land and Environment Court (NSW)|2009-11-27|Before: Mr P

The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation.

The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 & 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

Disclaimer - s88B restrictions on the use of land The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Under clause 37 of Shoalhaven Local Environmental Plan 1985 agreements, covenants or instruments that restrict the carrying out of the proposed development do not apply to the extent necessary to enable the carrying out of that development, other than where the interests of a public authority is involved.

An occupation certificate must be issued by the Principal Certifying Authority (PCA) before the building is used or occupied.

If Council is the appointed PCA for this project, a minimum of twenty four (24) hours' notice must be given to Council to make an inspection of the work.

If Council is the appointed PCA for this project, a minimum twenty-four (24) hours notice must be given to Council to make an inspection of the work.

  J S Murrell
  Commissioner of the Court
  ljr

05/07/2010 - Amendment to judgment paragraphs in 'Findings' have been re-ordered. - Paragraph(s) Findings onwards.

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CITATION : Berringer Road Pty Limited v Shoalhaven City Council [2010] NSWLEC 1140 This decision has been amended. Please see the end of the judgment for a list of the amendments.

BGP Properties v Lake Macquarie City Council (2004) NSWLEC 399 CASES CITED: Terrace Tower Holdings Pty Ltd v Sutherland Shire Council [2003] NSWCA 289 Wygiren v Kiama Municipal Council and Anor [2008] NSWLEC 1233 Emilly II Investments v Rockdale City Council and Anor [2009] NSWLEC 1229

71 In my assessment of this development application for a long-term caravan park I have had regard to the suite of controls and guidelines of the statutory planning framework of the Shoalhaven LEP 1985 and the SEPP 21 -Caravan Parks, as well as the South Coast Regional Strategy; the draft LEP 2009; and council's guidelines for permanent occupation of caravan parks. Clearly in the raft of instruments and guidelines to be considered one must bring a commonsense understanding of the interrelationship of the various documents and statutory provisions. 72 The development application must be assessed under the relevant statutory provisions and guidelines as cited above and on a comprehensive assessment I am satisfied should be approved. 73 The respondent referred me to the case in this Court of Wygiren v Kiama Municipal Council [2008] NSWLEC 1233 where an appeal was dismissed for a caravan park with 1040 sites on class 3 prime crop and pasture land with a viable dairy farm. The subject site was well removed from any towns or settlements and subject to flooding and without town sewerage facilities. The circumstances of this case are vastly different to the facts in the above case.

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