Le v Fairfield City Council [2007] NSWLEC 80

Le v Fairfield City Council [2007] NSWLEC 80

The amended 'Treatment 2' plans satisfy minimum lot areas, provide compliant access handle width, and meet other DCP requirements; therefore, conditional development consent should be granted.

Parties
Applicant: Quan Than Le; Respondent: Fairfield City Council
Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; conditional development consent granted
Legal Topics
Development Application, Residential Subdivision, Battle Axe Subdivision, Local Environmental Plan Compliance
Planning Law Environmental Law Development Application Residential Subdivision Battle Axe Subdivision Local Environmental Plan Compliance

Case Brief

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Parties

Quan Than Le

Applicant

Fairfield City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed 2 lot residential subdivision complies with minimum lot size and access corridor standards in planning controls
  2. 2 Whether amended plans address council's objections to original development application

Ratio Decidendi

The amended 'Treatment 2' plans satisfy minimum lot areas, provide compliant access handle width, and meet other DCP requirements; therefore, conditional development consent should be granted.

Court Disposition

Appeal upheld; conditional development consent granted

Orders

  • The appeal is upheld.
  • Development consent is granted to DA 733/2006 for a 2 lot subdivision of No. 42 Curtin Street, Cabramatta subject to the conditions in Annexure A.