Planning Workshop Australia v Maitland City Council [2005] NSWLEC 382

Land and Environment Court of New South Wales

CITATION : Planning Workshop Australia v Maitland City Council [2005] NSWLEC 382

APPLICANT Planning Workshop Australia PARTIES : RESPONDENT Maitland City Council

FILE NUMBER(S) : 10399; 10400 of 2005

CORAM: Moore C

Development Application - Subdivision :- Consent orders KEY ISSUES: Separate assessment of contiguous subdivisions .

LEGISLATION CITED: Conveyancing Act 1919 s88B

DATES OF HEARING: 12 July 2005

DATE OF JUDGMENT: 07/12/2005

APPLICANT Mr G Fielding, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr G Williams, solicitor Thompson Norrie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

12 July 2005

05/10399 & 05/10400 Planning Workshop v Maitland City Council

JUDGMENT 1 COMMISSIONER: These two appeals concern subdivisions in Ashtonfield, a suburb of Maitland. The applicant and Maitland City Council (the council) submit consent orders for approval for each of the proposed subdivisions. 2 Each subdivision proposes the subdivision of three existing allotments into five new allotments making a total of ten new allotments from six existing allotments. 3 The two groups of three existing allotments, which back onto each other, have their principal frontages to Tipperary Drive and Waterford Close respectively. As part of the material shown to me on-site, Mr Fielding, a consultant Town Planner acting as Agent for the applicant in these proceedings, provided a copy of a plan showing an identified building footprint for each of the proposed new allotments. The council's proposed conditions of consent, in each instance, did not require identification of those building footprints or any control with respect to them other than a front setback control.