NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gale v Hornsby Shire Council [2009] NSWLEC 1119
APPLICANT David Stuart Gale PARTIES : RESPONDENT Hornsby Shire Council
FILE NUMBER(S) : 11274 of 2008
CORAM: Murrell C
KEY ISSUES: CONSENT ORDERS :- Development application to subdivide an existing allotment of land into 2 lots with an existing dwelling erected on each lot. The lots are below the 500 sq m size SEPP1
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hornsby Local Environmental Plan 1994 State Environmental Planning Policy No. 1
CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75
DATES OF HEARING: 09/04/2009
EX TEMPORE JUDGMENT DATE : 9 April 2009
APPLICANT Mr G. McKee, solicitor of McKees Legal Solutions LEGAL REPRESENTATIVES:
RESPONDENT Mr I. Woodward, solicitor of Storey & Gough Lawyers
JUDGMENT: - 2 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
9 April 2009
11274 of 2008 David Stuart Gale v Hornsby Shire Council This determination was given extemporaneously and it has been edited prior to publication
JUDGMENT 1 The applicant in these proceedings is seeking to subdivide and allotment of land at No. 18 Fairburn Avenue, West Pennant Hills. The total area of the site is 865 sq m and is located on the curve/corner of Fairburn Avenue. The site has a western boundary to Fairburn Avenue of some 47 metres and a northern boundary of about 17 metres behind the corner splay.
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