NSWNSWLEC
Silverwater Estate Pty Ltd v Auburn Council and Another
[2001] NSWLEC 60
Land and Environment Court (NSW)|1996-09-25|Before: Talbot J, Pearlman J, Mr P, Mr J
View original sourceAt a glance
Source factsCourt
Land and Environment Court (NSW)
Decision date
1996-09-25
Before
Talbot J, Pearlman J, Mr P, Mr J
Source
Original judgment source is linked above.
Judgment (175 paragraphs)
[1]
- The applicant does not agree with the provision of a cycleway proposed by the council and the corporation but will not raise any objection in that regard provided that the area of the cycleway is within any area designated as a riparian vegetated zone. Both the council and the corporation argue that the cycleway should be 5 metres wide along the area adjacent to the saltmarsh, whereas it is proposed that it be only 3 metres wide along the Duck River frontage. The applicant suggests that if 3 metres is sufficient along the Duck River then there is no reason why that width will not suffice along the wetland.
[2]
- There remains some doubt as to the utility of the proposed cycleway and its capacity to be linked to other publicly accessible areas. However, the applicant's position is that if the Court is otherwise satisfied that the cycleway can be provided then subject to the above reservations it will raise no objection.
[3]