NSW Caselaw
Land and Environment Court of New South Wales
CITATION : New House 1 Pty Ltd v Maitland City Council [2005] NSWLEC 248
APPLICANT New House 1 Pty Ltd
PARTIES : RESPONDENT Maitland City Council
FILE NUMBER(S) : 11446 of 2004
CORAM: Nott C
Development Application :- To erect four detached dwellings as small-scale medium density housing - some objectors at the time of purchase of their lots not properly informed of permissible uses in the zone - amendment to DCP 6 prohibits medium density housing on certain lots - costs - council acted reasonably in first refusing the application KEY ISSUES:
Development Control Plan No. 6 LEGISLATION CITED: Maitland Local Environmental Plan 1993 Environmental Planning and Assessment Act 1979, s97
CASES CITED: Krivanek v Blue Mountains Council No. 2 (2004) NSWLEC 732
DATES OF HEARING: 3/5/05 EX TEMPORE JUDGMENT DATE : 05/03/2005
APPLICANT Mr S Brockwell, barrister INSTRUCTED BY Acroplan Pty Ltd LEGAL REPRESENTATIVES:
RESPONDENT Mr G W Wilson, solicitor SOLICITORS Thompson Norrie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Nott C
3 May 2005
11446 of 2004 New House 1 Pty Limited v Maitland City Council
JUDGMENT 1 This is an appeal against the council's refusal of a development application to erect four dwellings at lot 719, DP 1062779, 6 Howe Place, Raworth (near Morpeth).
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