Lloyd v Gosford C [2005] NSWLEC 580

Land and Environment Court of New South Wales

CITATION : Lloyd v Gosford C [2005] NSWLEC 580

APPLICANT David Lloyd

PARTIES : RESPONDENT Gosford City Council

FILE NUMBER(S) : 10229 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Subdivision to create three lots - unsatisfactory shape of lots - access and manoeuvring.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Gosford Planning Scheme Ordinance

DATES OF HEARING: 10/10/2005

DATE OF JUDGMENT: 10/10/2005

APPLICANT Mr D. Henderson, solicitor of Tesoriero Henderson Cotter

LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Donnellan, solicitor of P J Donnellan & Co

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

10 October 2005

10229 of 2005 David Lloyd v Gosford City Council This decision was given as an extempore decision. It has been revised and edited prior to publication.

JUDGMENT

Background. 1 The appeal was lodged against council's refusal of a subdivision application to create 3 lots at No. 120 Carrington Road / No. 15 Glenwood Road, Narara.

2 The background details of the site and surrounds are contained in the Statement of Basic Facts on which I rely. But in summary the lot has an area of 3736 sq m and it is zoned partly Residential 2(a) and partly Residential 7(a) Conservation and Scenic Protection. The subdivision is permissible with consent.

3 The site has two road frontages with the primary access being from Glenwood Road and the secondary access, which I understand is discouraged, from Carrington Road because it is predominantly unformed.