NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Groeneveld v Wollongong City Council [2009] NSWLEC 1238
APPLICANT John Groeneveld PARTIES : RESPONDENT Wollongong City Council
FILE NUMBER(S) : 11050 of 2008
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- subdivision - grade of access road - loss of vegetation
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Wollongong Local Environmental Plan 1990
DATES OF HEARING: 22, 23 June 2009
EX TEMPORE JUDGMENT DATE : 24 June 2009
APPLICANT In Person
LEGAL REPRESENTATIVES: RESPONDENT Ms F Berglund, barrister SOLICITORS Kells the Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
24 June 2009
11050 of 2008 John Groenevld v Wollongong City Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA 2007/594 by Wollongong City Council (the council) for the subdivision of land at 77 New Mount Pleasant Road, Mount Pleasant (the site). The site 2 The site is lot 60 in DP 1011298. It is irregular in shape with a 16.995 m frontage to New Mount Pleasant Road and a 69.755 m frontage to Cabbage Tree Lane. The site has a total area of 5,443 sq m. Cabbage Tree Lane is an unformed road reserve. The council is the road authority. It is partially formed at its western end near Brokers Road but unformed where the lane joins the site. The alignment is generally poor and it is in a degraded state of repair.
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