Framp and Anor v Cabonne Council [2008] NSWLEC 1234

Framp and Anor v Cabonne Council [2008] NSWLEC 1234

The reasons for refusal have been addressed: the land is not primary agricultural, there is reasonable access via rural road, and the development complies with relevant planning objectives and controls. The appeal is upheld and the development application approved with conditions by consent.

Parties
Applicant: Michael John Framp; Applicant: Teresa Marie Spedone; Respondent: Cabonne Council
Jurisdiction
Australia
Judgment Date
28 May 2008
Procedural Posture
Appeal / Judgment on Consent Orders
Outcome
appeal upheld by consent
Legal Topics
Development Application, Subdivision, Minimum Lot Size, Rural Land Access
Environmental Law Planning Law Development Application Subdivision Minimum Lot Size Rural Land Access

Case Brief

Summary, issues, holding and outcome

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Parties

Michael John Framp

Applicant

Teresa Marie Spedone

Applicant

Cabonne Council

Respondent

Procedural Posture

Appeal / Judgment on Consent Orders

Legal Issues

  1. 1 Whether the proposed 2-lot subdivision satisfies the requirements under the Cabonne Local Environmental Plan 1991.
  2. 2 Whether minimum lot size and rural road access are adequate for the development.
  3. 3 Whether previous reasons for council refusal are still relevant after further consideration.

Ratio Decidendi

The reasons for refusal have been addressed: the land is not primary agricultural, there is reasonable access via rural road, and the development complies with relevant planning objectives and controls. The appeal is upheld and the development application approved with conditions by consent.

Court Disposition

appeal upheld by consent

Orders

  • The appeal is upheld.
  • Development application No. 2007/117 for the subdivision of Lot 2 in DP 775745 (226) Gowan Road, Gowan into two (2) lots is approved subject to conditions in Annexure A.