Cornish Group No.2 Pty Ltd v Camden Council [2019] NSWLEC 1250

Cornish Group No.2 Pty Ltd v Camden Council [2019] NSWLEC 1250

There is no proper planning basis identified to refuse consent to the proposed 4 lot subdivision, as it is permissible with consent, complies with applicable controls, and the opportunity for Council to acquire the site for road purposes has lapsed.

Jurisdiction
Australia
Judgment Date
27 May 2019
Procedural Posture
Appeal (class 1) / Final Determination
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'subdivision' 'public Road Connection' 'planning Controls']
['planning and Environment'] ['development Application' 'subdivision' 'public Road Connection' 'planning Controls']

Case Brief

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Procedural Posture

Appeal (class 1) / Final Determination

Legal Issues

  1. 1 ['Whether the proposed subdivision should be refused due to potential loss of opportunity to provide a public road connection to the East Leppington Precinct' 'Whether the proposed subdivision complies with relevant planning controls']

Ratio Decidendi

There is no proper planning basis identified to refuse consent to the proposed 4 lot subdivision, as it is permissible with consent, complies with applicable controls, and the opportunity for Council to acquire the site for road purposes has lapsed.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No 2018/941/1 for the subdivision of Lot 5016 DP 1211914 into 4 Torrens title allotments is granted subject to the conditions in Annexure A.' 'The exhibits apart from Exhibits A, B, C, 1 and 4 are returned.']