NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Franks v Clarence Valley Council [2008] NSWLEC 1181
APPLICANT Robert Franks PARTIES : RESPONDENT Clarence Valley Council
FILE NUMBER(S) : 10097 of 2008
CORAM: Brown C
KEY ISSUES: Development Application :- subdivision- dispose of sewage
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 02/05/08
EX TEMPORE JUDGMENT DATE : 2 May 2008
APPLICANT Mr R Creighton, agent
LEGAL REPRESENTATIVES: RESPONDENT Mr S Priestley, solicitor SOLICITORS Pickering Priestley
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
2 May 2008
10097 of 2008 Robert Franks v Clarence Valley Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Clarence Valley Council (the council) of Application SUB 2007/0051 for the subdivision of 26A King Street, Ulmarra (the subject site) into two lots.
2 The single issue in the proceedings is whether the existing sewerage disposal system can be adequately dispose of waste water on the new lot that contains an existing dwelling.
The site 3 The site is Lot 11 in DP 712119. It is located on the corner of King Street and the Pacific Highway at Ulmarra. It is generally rectangular with a frontage of 25.35 m to King Street and a frontage around 50.7 m to the Pacific Highway, giving a total site area of 1046 sq m.
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