Saliba v Hornsby SC [2005] NSWLEC 199

Saliba v Hornsby SC [2005] NSWLEC 199

As the parties agreed on the granting of development consent and the objection under SEPP 1 is well founded, the Court upholds the appeal and grants development consent for alterations and subdivision, subject to conditions.

Jurisdiction
Australia
Judgment Date
12 April 2005
Procedural Posture
Appeal / Final Judgment With Consent Orders
Outcome
Appeal upheld; development consent granted by consent orders subject to conditions.
Legal Topics
['development Consent' 'subdivision' 'development Standards' 'consent Orders']
['planning and Environment Law'] ['development Consent' 'subdivision' 'development Standards' 'consent Orders']

Case Brief

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Procedural Posture

Appeal / Final Judgment With Consent Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for alterations to a dwelling and subdivision of land into two lots' 'Whether objection under State Environmental Planning Policy No.1 (SEPP 1) regarding lot size is well-founded']

Ratio Decidendi

As the parties agreed on the granting of development consent and the objection under SEPP 1 is well founded, the Court upholds the appeal and grants development consent for alterations and subdivision, subject to conditions.

Court Disposition

Appeal upheld; development consent granted by consent orders subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 0983/04 for alterations and additions to an existing dwelling and subdivision of one lot into two at 10 Pomona Street, Pennant Hills, is determined by the granting of consent subject to the conditions set out in Annexure A.' 'Exhibits A, B, C, D and E are to be...