Anthony Makerry v Inner West Council [2016] NSWLEC 1660

Land and Environment Court New South Wales

Medium Neutral Citation: Anthony Makerry v Inner West Council [2016] NSWLEC 1660 Hearing dates: 10 October 2016 Date of orders: 22 December 2016 Decision date: 22 December 2016 Jurisdiction: Class 1 Before: Dixon C Decision: (1) The appeal is upheld (2) The clause 4.6 variation to compliance with the minimum subdivision lot size development standard in clause 4.1 of the Ashfield Local Environmental Plan 2013 for land at 35 Hardy Street, Ashfield is accepted. (3) Development consent is granted for a boundary adjustment of the two existing Torrens Title allotments - Lot 6 in DP 664688 and Lot E in DP 104282 at 35 Hardy Street, Ashfield subject to Council's conditions in Annexure A. (4) The exhibits are returned apart from exhibit 4 & A. Catchwords: APPEAL : Development application for subdivision of land - boundary adjustment of two existing lots – variation of minimum allotment size Legislation Cited: Environmental Planning and Assessment Act 1979 Ashfield Local Environmental Plan 2013 Ashfield Council Interim Development Assessment Policy 2013 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Anthony Makerry (Applicant) Inner West Council (Respondent) Representation: Solicitors: A Whealy, Mills Oakley (Applicant) K Webber, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2016/191482 Publication restriction: No