NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Meta v Fairfield City Council [2006] NSWLEC 659
APPLICANT PARTIES : Adrian Meta RESPONDENT Fairfield City Council
FILE NUMBER(S) : 10209 of 2006
CORAM: Pain J
KEY ISSUES: Development Application :- development application for subdivision and erection of two dwelling houses - whether SEPP 1 objection to minimum lot size should be upheld
Environmental Planning and Assessment Act 1979 s5, s79C LEGISLATION CITED: Fairfield City Wide Development Control Plan 2006 Ch 5 Fairfield Local Environmental Plan 1994 s22A State Environmental Planning Policy No 1 - Development Standards - Cl 3, cl 6
Hooker Corporation Pty Limited v Hornsby Shire Council (1986) 130 LGERA 438; CASES CITED: Memel Holdings Pty Limited v Pittwater Council (2000) 110 LGERA 217; Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46
DATES OF HEARING: 18/10/2006, 19/10/2006
DATE OF JUDGMENT: 10/25/2006
APPLICANT Mr C Gough (solicitor) SOLICITOR LEGAL REPRESENTATIVES: Storey & Gough RESPONDENT Ms S Brew (solicitor) SOLICITOR MatthewsFolbigg
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
25 October 2006
10209 of 2006 Adrian Meta v Fairfield City Council
JUDGMENT 1 Her Honour: This is a Class 1 appeal against the refusal by Fairfield City Council ("the Council") of a two-lot subdivision to enable the erection of two, two-storey dwelling houses, one on each lot. 2 The site is Lot 4 DP 421148, known as 89A Neville Street, Smithfield. The site is a battleaxe block with an access handle of 51m and a width of 4m. The remainder of the block is rectangular in shape, with a length of 48.77m and a width of 20.115m. The total area of the site is approximately 1110.4m. 3 Presently erected on the site is a single-storey fibrous clad, metal roofed dwelling and an attached carport. The site slopes to the south and has approximately 13 trees located upon it. 4 The surrounding locality is characterised by one and two-storey detached dwellings of various sizes and architectural styles. There is a large two-storey dwelling on the adjoining property to the west, a single-storey dwelling to the east and single-storey dwellings on either side of the access handle leading to the subject site. The Court conducted a view of the site during the hearing.
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