Framp and Anor v Cabonne Council [2008] NSWLEC 1234

Land and Environment Court of New South Wales

CITATION : Framp and Anor v Cabonne Council [2008] NSWLEC 1234

APPLICANT Michael John Framp and PARTIES : Teresa Marie Spedone

RESPONDENT Cabonne Council

FILE NUMBER(S) : 10172 of 2008

CORAM: Hussey C

KEY ISSUES: Development Application :- 2 lot subdivision, minimum lot size, inadequacy of rural road access

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Cabonne Local Environmental Plan 1991

DATES OF HEARING: 28/05/2008

DATE OF JUDGMENT: 28 May 2008

APPLICANT Mr J. Atkin, barrister Instructed by Cheney & Wilson Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr D. Baird, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

28 May 2008

10172 of 2008 Michael John Framp and Teresa Marie Spedone v Cabonne Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This development application was lodged for a 2-lot subdivision of land situated in Gowan Road, Gowan. The proposed lots to be created are Lot 1 with an area of 100 hectares and Lot 2 with an area of 101.2 hectares.

2 The land is situated in the 1(a) General Rural Zone under the Cabonne Local Environmental Plan (1991) and the development is permissible in the zone, subject to consent. There are a number of zone objectives, which include 'to promote the proper management and utilisation of the resources by a number of means'.