Soligo v Fairfield City Council [2018] NSWLEC 1484

Land and Environment Court New South Wales

Medium Neutral Citation: Soligo v Fairfield City Council [2018] NSWLEC 1484 Hearing dates: 27 August 2018 Date of orders: 18 September 2018 Decision date: 18 September 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The written request made, pursuant to clause 4.6 of Fairfield Local Environmental Plan 2013, to vary the minimum lot size standard prepared by Haskew de Chalain Planning, dated August 2018 is upheld. (2) The appeal is upheld. (3) Development Application No. 428.1/2016 to subdivide an existing allotment into two Torrens Title allotments is approved subject to the conditions at Annexure A. (4) Exhibit D is returned. Catchwords: DEVELOPMENT APPLICATION: subdivision – non-compliance with LEP standard, whether cl 4.6 of FLEP is satisfied Legislation Cited: Environmental Planning and Assessment Act 1979 Fairfield Local Environmental Plan 2013 Land and Environment Court Act 1979 State Environmental Planning Policy No 1 – Development Standards Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Moskovich v Waverley Council [2016] NSWLEC 1015 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Fairfield Citywide Development Control Plan 2013 Macquarie Dictionary 2018 (online) Category: Principal judgment Parties: Guido Soligo (First Applicant) Eddi Soligo (Second Applicant) Fairfield City Council (Respondent) Representation: Counsel: J Reid (Applicants)