Navaroo Constructions Pty Ltd v Palerang Council [2006] NSWLEC 402

Land and Environment Court of New South Wales

CITATION : Navaroo Constructions Pty Ltd v Palerang Council [2006] NSWLEC 402

APPLICANT Navaroo Constructions Pty Ltd PARTIES : RESPONDENT Palerang Council

FILE NUMBER(S) : 21134 of 2005

CORAM: Hussey C

KEY ISSUES: Development Consent :- Residential subdivision - Orders

Environmental Planning and Assessment Act 1979 Local Government Act 1993 Yarrowlumla Local Environmental Plan 2002 LEGISLATION CITED: Yarrowlumla Development Control Plan 2(v) Village Zone. Roads Act 1993 Community Land Development Act 1989 Section 138 of the Roads Act 1993 (Class 2 Proceedings - s 68 of Local Government Act 1993

DATES OF HEARING: 28/06/2006

DATE OF JUDGMENT: 07/06/2006

APPLICANT Mr C Leggat, SC SOLICITORS Harris & Company LEGAL REPRESENTATIVES: RESPONDENT Ms H Irish, barrister SOLICITORS Minter Ellison

JUDGMENT: THE LAND AND ENVIRONMEN T C OURT OF NEW SOUTH WALES

Hussey C

6 July 2006

21134 of 2005 Navaroo Constructions Pty Ltd v Palerang Council

JUDGMENT

1 The proceedings involved 16 appeals, which were heard concurrently against s 96 Modifications to conditions of consent for a 44-47 lot residential subdivision at Bungendore. For the appeal a number of issues were identified generally dealing with the following infrastructure requirements: o provision of adequate roof catchment area, o provision of adequate on-site waste-water disposal area, o contingency connection of STP to town sewerage system, o provision of a path/cycleway, o limitations on direct access from the new lots onto Hoskinstown Road.