Navaroo Construction Pty Ltd v Palerang Council [2006] NSWLEC 404

Land and Environment Court of New South Wales

CITATION : Navaroo Construction Pty Ltd v Palerang Council [2006] NSWLEC 404

APPLICANT Navaroo Construction Pty Ltd PARTIES : RESPONDENT Palerang Council

FILE NUMBER(S) : 10646-50 of 2005, 10653 of 2005, 10658-10661 of 2005, 10663 of 2005, 10668 of 2005

CORAM: Hussey C

KEY ISSUES: Development Consent :- Residential subdivision - Orders

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 28/06/2006

DATE OF JUDGMENT: 07/06/2006

APPLICANT Mr C Leggatt, SC SOLICITORS Harris & Company LEGAL REPRESENTATIVES: RESPONDENT Ms H Irish, barrister SOLICITORS Minter Ellison

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

6 July 2006

10646-50 of 2005 10653 of 2005 10658-61 of 2005 10663 of 2005 10668 of 2005 Navaroo Constructions Pty Ltd v Palerang Council

JUDGMENT

1 The proceedings involved 16 appeals, which were heard concurrently against s 96 Modifications to conditions of consent for a 44-47 lot residential subdivision at Bungendore. For the appeal a number of issues were identified generally dealing with the following infrastructure requirements: o provision of adequate roof catchment area, o provision of adequate on-site waste-water disposal area, o contingency connection of STP to town sewerage system, o provision of a path/cycleway, o limitations on direct access from the new lots onto Hoskinstown Road.