Fortunate Investments Pty Ltd v North Sydney Council [2001] NSWLEC 70

Fortunate Investments Pty Ltd v North Sydney Council [2001] NSWLEC 70

It is appropriate in these circumstances to impose a condition requiring a restrictive covenant so that prospective purchasers are notified of use restrictions for the boarding house subdivision, despite existing enforcement capacity through the plan of management and conditions of consent.

Jurisdiction
Australia
Judgment Date
15 March 2001
Procedural Posture
Class 1 Appeal / Judgment
Outcome
Appeal upheld. Development consent granted subject to conditions as amended.
Legal Topics
['development Consent' 'boarding House' 'restrictive Covenant' 'stratum and Strata Subdivision']
['planning and Environment Law'] ['development Consent' 'boarding House' 'restrictive Covenant' 'stratum and Strata Subdivision']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 ['Whether a condition requiring a restrictive covenant should be imposed on the subdivision approval' 'Appropriateness of granting development consent for strata and stratum subdivision' 'Enforcement and notice of boarding house restrictions to prospective purchasers']

Ratio Decidendi

It is appropriate in these circumstances to impose a condition requiring a restrictive covenant so that prospective purchasers are notified of use restrictions for the boarding house subdivision, despite existing enforcement capacity through the plan of management and conditions of consent.

Court Disposition

Appeal upheld. Development consent granted subject to conditions as amended.

Orders

  • ['The appeal is upheld.' "Development approval for stratum and strata subdivision of 31-33 Broughton Street, Kirribilli is granted subject to conditions set out in ex 'D' as amended." 'Exhibits may be returned except for exhibit D.' 'No order as to costs.']