Croft v Gosford City Council [2012] NSWLEC 1106

Land and Environment Court New South Wales

Medium Neutral Citation: Croft v Gosford City Council [2012] NSWLEC 1106 Hearing dates: 23 April 2012 Decision date: 01 May 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No 39861/2010 for the subdivision of the existing property into two allotments and the construction of a new dwelling on Lot 2 is approved subject to the conditions in Annexure A. 3. The exhibits are returned except for exhibits 1, A, B and C. Catchwords: DEVELOPMENT APPLICATION - Torrens title subdivision, SEPP 1 objection for minimum lot size, desired future character. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Gosford Planning Scheme Ordinance Cases Cited: Brand v Gosford City Council [2010] NSWLEC 1010 David Kettle Consulting Services v Gosford City Council 10126 of 2002 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Gordon & Valich Pty Ltd v City of Sydney Council [2007] NSWLEC 780 Tuite v Wingercarribee Council (No 2) [2008] NSWLEC 321 Texts Cited: Development Control Plan No. 112 Residential Subdivision Development Control Plan No. 155 Single Dwellings and Ancillary Structures Development Control Plan No. 159 Character Amendment No. 1 Category: Principal judgment Parties: Mrs Margaret Cecele Croft (Applicant)