NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Morgan v Gosford City Council [2007] NSWLEC 385
APPLICANT Frederick Arnold Morgan PARTIES : RESPONDENT Gosford City Council
FILE NUMBER(S) : 10116 of 2007
CORAM: Hoffman C
KEY ISSUES: Development Application :- the proposed lots are below the minimum area permitted for medium density development, the zoning is for medium density development, subdivision would permit only single detached houses and not allow the objectives of the zone to be achieved.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Gosford Planning Scheme Ordinance
DATES OF HEARING: 23/05/2007
EX TEMPORE JUDGMENT DATE : 23 May 2007
APPLICANT Mr F. A. Morgan, litigant in person
LEGAL REPRESENTATIVES: RESPONDENT Mr R. Byrd, solicitor of P J Donnellan and Co.
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
23 May 2007
10116 of 2007 Frederick Arnold Morgan v Gosford City Council
JUDGMENT 1 This is a Class 1 Appeal No. 10116 of 2007 between Frederick Arnold Morgan and Gosford City Council in regard to the refusal of DA 29969/2006 for a subdivision of No. 28 Akora Road, Wyoming.
2 The proposal involves the subdivision of the subject property into two lots. Proposed Lot 141 has a frontage to Akora Road and contains the existing dwelling house and has an area of 416.9 sq m and a width of 15.24 m and variable depth between 27.07 to 27.95. Proposed Lot 142 has a site area of 411.5 sq m, a width of 15.24 m and a depth of 27 m.
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