Robertson and anor v Ryde City Council [2011] NSWLEC 1202

Land and Environment Court New South Wales

Medium Neutral Citation: Robertson and anor v Ryde City Council [2011] NSWLEC 1202 Hearing dates: 14 & 15 July 2011 Decision date: 15 July 2011 Jurisdiction: Class 1 Before: Moore SC Decision: (1)The appeal is upheld; (2)Condition 14 of Development Consent 2000/242 is amended by the deletion of the words in the second line "both lots" and the substitution in lieu thereof of the words "Lot 1"; (3)Condition 15 of Development Consent 2000/242 is amended by the deletion of the words "both lots" in line 2 and in lieu there the words "Lot 1" are to be substituted; (4)Pursuant to s 39(2) of the Land and Environment Court Act 1979, the respondent is directed to take such steps as are necessary to amend the records of the Land Titles Office to give effect to the amendments that have been made to conditions 14 and 15 of the conditions of Development Consent 2000/242; and (5)The exhibits, other than Exhibits A, B, 1 and 6, are returned. Catchwords: Subdivision; flood mapped land; restrictive covenant on allotment with existing dwelling; inconsistence in application of Development Control Plan Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Conveyancing Act 1919 Cases Cited: Fortunate Investments Pty Limited v North Sydney Council [2001] NSWLEC 70; (2000) 114 LGERA 1 Parrott v Kiama Council [2004] NSWLEC 77 Stockland Development v Manly Council [2004] NSWLEC 472 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Category: Principal judgment Parties: P & Z Robertson (Applicants)