Hebden v Great Lakes Council [2007] NSWLEC 512

Hebden v Great Lakes Council [2007] NSWLEC 512

Given the established physical access over formed tracks and long-standing use by adjacent properties, as well as consent from Forests NSW and agreed conditions (including a restrictive covenant), the proposed access arrangements are sufficient to allow consent to the development application.

Jurisdiction
Australia
Judgment Date
23 July 2007
Procedural Posture
Appeal / Judgment After Hearing; Consent Orders
Outcome
Appeal allowed; development consent granted with conditions by consent.
Legal Topics
['development Application' 'rural Land Use' 'access to Public Road' 'conditions of Consent']
['planning Law' 'environmental Law'] ['development Application' 'rural Land Use' 'access to Public Road' 'conditions of Consent']

Case Brief

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Procedural Posture

Appeal / Judgment After Hearing; Consent Orders

Legal Issues

  1. 1 ['Whether access to the rural allotment without a public road is satisfactory for the grant of development consent.' 'Whether the imposed conditions on access were appropriate for the proposed dwelling.']

Ratio Decidendi

Given the established physical access over formed tracks and long-standing use by adjacent properties, as well as consent from Forests NSW and agreed conditions (including a restrictive covenant), the proposed access arrangements are sufficient to allow consent to the development application.

Court Disposition

Appeal allowed; development consent granted with conditions by consent.

Orders

  • ['The appeal is allowed.' 'Development consent is granted to the erection of a dwelling house on Portion 158 DP 753141 at Coolongolook in accordance with the conditions of consent in Annexure A.']