Le v Fairfield City Council [2007] NSWLEC 80

Land and Environment Court of New South Wales

CITATION : Le v Fairfield City Council [2007] NSWLEC 80

APPLICANT Quan Than Le PARTIES : RESPONDENT Fairfield City Council

FILE NUMBER(S) : 10984 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Battle-axe subdivision, width of allotment, width of access corridor

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Fairfield Local Environmental Plan 1994

DATES OF HEARING: 19/02/2007

DATE OF JUDGMENT: 2 March 2007

APPLICANT Mr G. Green, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Castellan, solicitor of Ritchie & Castellan

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

2 March 2007

10984 of 2006 Quang Than Le v Fairfield City Council

JUDGMENT

Background. 1 This appeal was lodged against council's refusal of a development application for a 2 lot residential subdivision at No. 42 Curtin Street, Cabramatta. The subject site has a total area of 1012 sq m and a street frontage of 13.485m.

2 There is any existing single storey clad and tiled roof dwelling, garage and shed on the subject land. It has a large rear yard, which is currently vacant.

3 The proposed subdivision is described as: o Lot 1; the frontage lot with an area of 527.47 sq m and street frontage of 12.695 m. This lot is subject to a 2.5 m wide right-of-way (ROW), which facilitates access to the rear lot, o Lot 2; which is the rear hatchet-shaped lot with an area of 450 sq m, excluding the right-of-way. It includes a 1 m wide right-of-way handle, to connect No. 2 Curtin Street. 4 The main issues concern on the area of the road frontage allotment and the width and utility of the effective battleaxe handle to the rear lot.