Executive Estates Pty Limited & anor v Lake Macquarie City Council [2004] NSWLEC 54

Executive Estates Pty Limited & anor v Lake Macquarie City Council [2004] NSWLEC 54

The proposed subdivision is acceptable if modified by reducing allotment yield in Element 3 to nine lots, moving Element 2 rear boundary line, extending roadway under EnergyAustralia transmission line to connect with Dunbar Road, and deleting one allotment in Element 5; these measures adequately address amenity, easement, and access issues as required by law and planning instruments.

Parties
First Applicant: Executive Estates Pty Limited; Second Applicant: Callday Pty Limited; Respondent: Lake Macquarie City Council
Jurisdiction
Australia
Judgment Date
26 February 2004
Procedural Posture
Appeal Pursuant to S97 of the Environmental Planning and Assessment Act 1979 / Judgment; Proceedings Adjourned for Mention
Outcome
Matter adjourned for mention to enable parties to discuss proposed modifications; directions given.
Legal Topics
Subdivision, Transmission Line Easements, Development Control, Environmental Impacts
Planning Law Environmental Law Subdivision Transmission Line Easements Development Control Environmental Impacts

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Parties

Executive Estates Pty Limited

First Applicant

Callday Pty Limited

Second Applicant

Lake Macquarie City Council

Respondent

Procedural Posture

Appeal Pursuant to S97 of the Environmental Planning and Assessment Act 1979 / Judgment; Proceedings Adjourned for Mention

Legal Issues

  1. 1 Appropriateness of number and size of allotments adjacent to existing residential area (Element 5)
  2. 2 Size of allotments between and affected by transmission line easements (Element 3)
  3. 3 Arrangements for access to the EnergyAustralia transmission line

Ratio Decidendi

The proposed subdivision is acceptable if modified by reducing allotment yield in Element 3 to nine lots, moving Element 2 rear boundary line, extending roadway under EnergyAustralia transmission line to connect with Dunbar Road, and deleting one allotment in Element 5; these measures adequately address amenity, easement, and access issues as required by law and planning instruments.

Court Disposition

Matter adjourned for mention to enable parties to discuss proposed modifications; directions given.

Orders

  • The matter is adjourned for mention before the Court at 9:15 AM on 23 March 2004.
  • Liberty to relist before the Court at 9:15 AM on two days' notice.