Salmon & Ors v Holroyd CC [2006] NSWLEC 699

With final plans now provided and assessed and the conditions of consent agreed, development consent is appropriate for the applications as specified, subject to conditions including certain deferred commencement conditions.

Jurisdiction: Australia
Judgment Date: 01 November 2006
Procedural Posture: Appeal / Determination Following Remittal for Continuation of Proceedings and Provision of Final Plans
Outcome: Appeals upheld. Development consents granted subject to conditions.
Legal Topics: ['development Application' 'residential Subdivision' 'dual Occupancy' 'setbacks' 'density' 'landscaping']

['planning and Environment'] ['development Application' 'residential Subdivision' 'dual Occupancy' 'setbacks' 'density' 'landscaping']

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Procedural Posture

Appeal / Determination Following Remittal for Continuation of Proceedings and Provision of Final Plans

Legal Issues

1 ['Whether development consent should be granted for demolition, subdivision, construction of dual occupancy dwellings and associated works on specified lots']

Ratio Decidendi

Court Disposition

Appeals upheld. Development consents granted subject to conditions.

Orders

['Appeal No. 11526 of 2004: Appeal upheld. Development Consent granted for demolition of existing structures, subdivision of Lot 73 DP 8768 into 2 lots, access driveway and drainage works, subject to Annexure A.' 'Appeal No. 11527 of 2004: Appeal upheld. Development Consent granted for erection of two storey dual...