Marshall Scott v Cessnock City Council [2006] NSWLEC 614

Land and Environment Court of New South Wales

CITATION : Marshall Scott v Cessnock City Council [2006] NSWLEC 614

APPLICANT Marshall Scott Pty Limited PARTIES : RESPONDENT Cessnock City Council

FILE NUMBER(S) : 10455 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- consent orders - subdivision of property into 2 lots

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Cessnock Local Environmental Plan 1989

DATES OF HEARING: 06/09/2006

EX TEMPORE JUDGMENT DATE : 09/06/2006

APPLICANT Mr G. Williams, solicitor SOLICITORS Thompson Norrie LEGAL REPRESENTATIVES:

RESPONDENT Mr R. Mallik SOLICITORS Mallik Rees Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

6 September 2006

10455 of 2006 Marshall Scott Pty Limited v Cessnock City Council

JUDGMENT 1 COMMISSIONER: This matter comes before the Court for Consent Orders in relation to Development Application 8/2004/10651/1 for the subdivision of the property at 6 Lake Road, Kearsley, into two lots.

2 The site consists of a single allotment that is described as Lot 20, Section 4 in DP 758555. The allotment is rectangular in shape with a width of 50.3 m and a depth of 20.1 m giving a total area of 1009 sq m. A single storey freestanding dwelling, including attached garage, occupies the site. The dwelling is constructed of brick with a tiled roof.