NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Francesco Cavasinni v Holroyd Municipal Council [1989] NSWLEC 234 APPLICANT Francesco Cavasinni PARTIES : RESPONDENT Holroyd Municipal Council FILE NUMBER(S) : 10526 of 1988 CORAM: Stein J KEY ISSUES: :- Land and Environment Court Act LEGISLATION CITED: Environmental Planning and Assessment Act Interpretation Act Suitors Fund Act 1951 CASES CITED: Ku-ring-gai Municipal Council v. Kuttner (1980) 41 LGRA 1; Ryan v. Penrith City Council (Land and Environment Court Unreported 24 September 1987) DATES OF HEARING: DATE OF JUDGMENT: 08/29/1989
LEGAL REPRESENTATIVES:
JUDGMENT:
HIS HONOUR: This is an appeal under s.56A of the Land and Environment Court Act against a decision of an Assessor dismissing an appeal under s.97 of the Environmental Planning and Assessment Act with respect to a development application for the erection of 18 town houses on land at Sherwood Road, Merrylands.
The Assessor held that the development was not permissible under cl.43C(a)(ii) of the Holroyd Local Environmental Plan No. 25 in that the land the subject of the application comprised more than one separate parcel as at the relevant date, 26 April 1985. On behalf of the appellant Mr. Bailey submits that the Assessor fell into legal error.
The clause in question reads as follows:-
"43C. A person shall not erect or use a residential flat building Class B in zone No. 2(a) unless -
(a) the allotment of land on which it is proposed to erect the residential flat building -
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