NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Rein Warry & Co v Wollondilly Shire Council [2007] NSWLEC 430
APPLICANT Rein Warry & Co PARTIES : RESPONDENT Wollondilly Shire Council
FILE NUMBER(S) : 11002 of 2006
CORAM: Murrell C
KEY ISSUES: Development Application :- Subdivision of land, SEPP No. 1 Objection Environmental Protection (Rural Living)
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Wollondilly Local Environmental Plan 1996 and 1991 Wollondilly Rural Living Development Control Plan State Environmental Planning Policy No 1
DATES OF HEARING: 18/04/2007 and 24/04/2007
EX TEMPORE JUDGMENT DATE : 30 May 2007
APPLICANT Mr C. Shaw, solicitor of Shaw Reynolds Bowen and Gerathy LEGAL REPRESENTATIVES:
RESPONDENT Mr A. Seton, solicitor of Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
30 May 2007
11002 of 2006 Rein Warry & Co v Wollondilly Shire Council
JUDGMENT 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act against Wollondilly Shire Council's refusal of a development application for the subdivision of land. The subject property is Lot 3 1052273, known as No 40 East View Drive, Orangeville. The development application is to provide for two lots from a parcel of land that is currently 8.595 hectares. The proposal will provide for a lot of 2 hectares on the corner of Bobs Range Road and the other allotment, the larger allotment, will be with access from East View Drive.
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