Successful Appeal for Strata Subdivision in NSW

Land and Environment Court (NSW)

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📜 Headnote Official document

The appeal was successful after the applicant amended their proposal to address the council's objections regarding the straight-line subdivision, insufficient parking spaces, and vehicle exit directions.

📚 Full judgment Official document

Land and [ADDRESS] of New South Wales

CITATION : [COMPANY] v [NAME] [2006] NSWLEC 689

Applicant: [redacted] PARTIES : Respondent: [redacted]

CORAM: [NAME] SC

KEY ISSUES: Development Application - Subdivision :-

DATES OF HEARING: 02/11/2006

EX TEMPORE JUDGMENT DATE : 11/02/2006

Applicant: [redacted] Respondent: [redacted]

JUDGMENT: - 2 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

[NAME] SC

2 November 2006

10531 of 2006 [COMPANY] v [NAME]

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by [NAME] (the council) of a development application to subdivide under Strata title two factories at 36-[ADDRESS], Botany. 2 The council had three objections to the original application: · The subdivision was a straight line; · There were only six parking spaces for each factory; · Vehicles could not exit in a forward direction. 3 The applicant amended its proposal to meet each of these objections. As a result the council agreed to the seeking of consent orders from the Court. There were no objectors to the application. [ADDRESS] agrees to the request.

Consent orders 1. The appeal is upheld.

2. Development application 06/073 lodged with the [NAME] for Strata subdivision at 36-[ADDRESS], Botany is determined by the grant of consent subject to the conditions in Annexure A.

3. The exhibits are retained on the Court's files.

_______________ [NAME] Senior Commissioner

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