NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Cooke v Gosford City Council [2011] NSWLEC 1305 Hearing dates: 4 October 2011 Decision date: 05 October 2011 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld. 2. DA 37247/2009 for the subdivision of Lot 42A in DP 208933, being 42 Point Road, Mooney Mooney into two lots is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibit 6. Catchwords: DEVELOPMENT APPLICATION: subdivision into two lots - weight to draft plan - tree loss - impact on character of area - visual impact - whether a dwelling can be constructed on new lot - precedent Legislation Cited: Draft Gosford Local Environmental Plan 2009 Environmental Planning and Assessment Act 1979 Gosford Planning Scheme Ordinance Land and Environment Court Act 1979 Sydney Regional Environment Plan No 20 Cases Cited: Blackmore Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council [2003] NSWCA 289 Category: Principal judgment Parties: Linda Cooke (Applicant)
Gosford City Council (Respondent) Representation: Counsel Ms M McMahon, barrister (Applicant)
Mr M Everingham, solicitor (Respondent) Solicitors Gosford City Council (Respondent) File Number(s): 10642 of 2011
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