Cospak International Pty Limited v Mulwaree Shire Council [2002] NSWLEC 200

Land and Environment Court of New South Wales

CITATION : Cospak International Pty Limited v Mulwaree Shire Council [2002] NSWLEC 200 APPLICANT: Cospak International Pty Limited PARTIES : RESPONDENT: Mulwaree Shire Council FILE NUMBER(S) : (1)0116 of 2002 CORAM: Bignold J KEY ISSUES: Development Consent :- modification of condition requiring legal and physical access to approved site of dwelling house in rural zone. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96(6) CASES CITED: DATES OF HEARING: 25/09/02 EX TEMPORE JUDGMENT DATE : 09/25/2002

APPLICANT: Mr J Ayling SC SOLICITORS Wright and Strickland

LEGAL REPRESENTATIVES: RESPONDENT: Mr M Astill SOLICITORS Blake, Dawson and Waldron

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . (1) 0116 of 2002 Coram : Bignold J. 25 September 2002 COSPAK INTERNATIONAL PTY LIMITED

Applicant

v

MULWAREE SHIRE COUNCIL

Respondent

JUDGMENT

1. This is an appeal pursuant to section 96(6) of the Environmental Planning and Assessment Act 1979 against the Council's failure to determine the application for modification of a development consent granted by the Council on 22 September 1999 for the erection of a dwelling house on land known as Lot 226 Deposited Plan 750051 in the Parish of Turrallo located off Rhyanna Road.

2. The modification application sought the deletion of condition 4 imposed upon the grant of the development consent for the erection of the dwelling house. Condition 4 is a condition, the terms of which I will presently recite, pertaining to the question of access to the approved dwelling house from the system of public roads in the environs of the development site.