NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Lonergan v Byron Shire Council [2007] NSWLEC 618
APPLICANT Chris Lonergan PARTIES : RESPONDENT Byron Shire Council
FILE NUMBER(S) : 10370 of 2007
CORAM: Hussey C
KEY ISSUES: Development Application :- refusal of a 2 lot rural/residential subdivision, SEPP 1 objection to minimise lot size, character of area.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Byron Local Environmental Plan 1988
DATES OF HEARING: 06/08/2007
DATE OF JUDGMENT: 25 September 2007
APPLICANT Ms A. Douglas, solicitor of Stacks Northern River LEGAL REPRESENTATIVES:
RESPONDENT Mr A. Seton, solicitor of Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
25 September 2007
10370 of 2007 Chris Lonergan v Byron Shire Council
JUDGMENT Background. 1 This appeal was lodged against council's refusal of a 2 lot residential subdivision at 204 Balraith Lane, Ewingsdale. The subject land is an irregular shaped allotment, which is described as Lot 3 in DP 582689 and has a total area of 2.029 ha.
2 The development proposal is to create the following 2 lots as shown in Attachment 1: i) Lot 1; a new allotment with an area of 0.56 ha. It is of irregular shape and has a 38.19m frontage to Balraith Lane and the benefit of a right-of-way over the battle-axe handle of the rear allotment.
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