Farburn Holdings v Botanyn Bay City Council [2006] NSWLEC 689

Farburn Holdings v Botanyn Bay City Council [2006] NSWLEC 689

Because the applicant amended the proposal to meet each of the council's objections, the council agreed to consent orders and there were no objectors, the Court agreed to the request and upheld the appeal, granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
02 November 2006
Procedural Posture
Appeal Against Refusal of a Development Application to Subdivide Under Strata Title / Ex Tempore Judgment; Consent Orders
Outcome
Appeal upheld; development application determined by grant of consent subject to conditions in Annexure A.
Legal Topics
['development Application' 'strata Subdivision' 'parking Spaces' 'vehicle Access' 'consent Orders']
['planning and Environment Law'] ['development Application' 'strata Subdivision' 'parking Spaces' 'vehicle Access' 'consent Orders']

Case Brief

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Procedural Posture

Appeal Against Refusal of a Development Application to Subdivide Under Strata Title / Ex Tempore Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether development application 06/073 for Strata subdivision at 36-38 Sir Joseph Banks Drive, Botany should be granted consent after amendment of the proposal.' "Whether the amended proposal addressed the council's objections concerning the subdivision line, parking spaces and vehicles exiting in a forward direction."]

Ratio Decidendi

Because the applicant amended the proposal to meet each of the council's objections, the council agreed to consent orders and there were no objectors, the Court agreed to the request and upheld the appeal, granting development consent subject to conditions.

Court Disposition

Appeal upheld; development application determined by grant of consent subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development application 06/073 lodged with the Botany Bay City Council for Strata subdivision at 36-38 Sir Joseph Banks Drive, Botany is determined by the grant of consent subject to the conditions in Annexure A.' "The exhibits are retained on the Court's files."]