CB Richard Ellis (V) Pty Ltd trading ass CBRE Town Planning v Palerang Council [2009] NSWLEC 1450

CB Richard Ellis (V) Pty Ltd trading ass CBRE Town Planning v Palerang Council [2009] NSWLEC 1450

The use of the right of carriageway via Hideaway Place to access two of the proposed lots (lots 4 and 5) is not unreasonable and will not have unacceptable adverse impacts on adjoining properties. Objections regarding amenity, privacy, and carriageway use, while genuinely held, do not justify refusal where legal access exists, council supports the proposal, and conditions adequately address risks. Modification is consistent with zone objectives and satisfies the Court that approval should be granted.

Parties
Applicant: CB Richard Ellis (V) Pty Ltd trading as CBRE Town Planning; Respondent: Palerang Council
Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Appeal S96 Modification Application / Final Determination (judgment on Merits After Hearing and Proposed Consent Orders)
Outcome
Appeal upheld, section 96 modification application approved subject to consolidated conditions of consent.
Legal Topics
Modification of Development Consent, Subdivision, Right of Carriageway, Environmental Impact, Community Title Objections
Planning and Environment Law Modification of Development Consent Subdivision Right of Carriageway Environmental Impact Community Title Objections

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Parties

CB Richard Ellis (V) Pty Ltd trading as CBRE Town Planning

Applicant

Palerang Council

Respondent

Procedural Posture

Appeal S96 Modification Application / Final Determination (judgment on Merits After Hearing and Proposed Consent Orders)

Legal Issues

  1. 1 Whether use of existing right of carriageway for access to proposed lots 4 and 5 is appropriate under s96 modification application
  2. 2 Whether modification as sought would have unreasonable adverse amenity or environmental impacts on adjoining properties
  3. 3 Whether conditions imposed or objector requests are reasonable and have nexus to the modification sought

Ratio Decidendi

The use of the right of carriageway via Hideaway Place to access two of the proposed lots (lots 4 and 5) is not unreasonable and will not have unacceptable adverse impacts on adjoining properties. Objections regarding amenity, privacy, and carriageway use, while genuinely held, do not justify refusal where legal access exists, council supports the proposal, and conditions adequately address risks. Modification is consistent with zone objectives and satisfies the Court that approval should be granted.

Court Disposition

Appeal upheld, section 96 modification application approved subject to consolidated conditions of consent.

Orders

  • By consent, the appeal is upheld.
  • Section 96 modification application is approved subject to the consolidated conditions in Annexure A.