NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Groeneveld v Wollongong City Council [2007] NSWLEC 184
APPLICANT John Groeneveld PARTIES : RESPONDENT Wollongong City Council
FILE NUMBER(S) : 10823 of 2006
CORAM: Moore C
Development Application - Subdivision :- KEY ISSUES: Steepness of access Denial of access to neighbours
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Threatened Species Conservation Act 1995 Wollongong Local Environmental Plan 1990
Stockland Development Proprietary Limited v Manly Council [2004] NSWLEC 472; CASES CITED: Sodhi v Stanes [2007] NSWSC 177; Hayward v Muswellbrook Shire Council [2001] NSWLEC 8
DATES OF HEARING: 1, 2, 8 and 13 March 2007
EX TEMPORE JUDGMENT DATE : 13 March 2007
APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Mr M Mantei, solicitor Kells the Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE C
13 March 2007
10823 of 2006 John Groeneveld v Wollongong City Council
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
JUDGMENT 1 COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal on 22 December 2005, by Wollongong City Council (the Council), of Development Application 2004/1446. It is an application to subdivide a property at 77 New Mt Pleasant Road, Mt Pleasant being Lot 60 DP 1011298 (the site). The site has an area of some 5,443 sq m.
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