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Masterplans and Site Isolation

Monday, 26 September 2016 14:53

Gary Green and Alistair Knox successfully ran an appeal in the Land and Environment Court relating to the development of a residential flat building in Petersham. The main issue in the proceedings was whether as a result of the development an adjoining site would be isolated.

The proposed development was contrary to Council’s envisaged lot consolidation under the Area Masterplan. The Area Masterplan proposed that the subject site No. 27 was to be consolidated with the adjoining site No. 29.

Despite a number of offers to buy No. 29 being made prior to the lodgement of the Development Application, the owner of No. 29 would not sell to the applicant.

The reluctant adjoining owner, in fact, owned not just No. 29 but also an adjoining site No. 31 and evidence was adduced that those sites, if consolidated, would be capable of redevelopment.

Amongst other points, Council contended that the planning principles relating to site isolation (Grech and Cornerstone) had not been met because the proposal would isolate No. 29 and one could not rely upon the fact that both No. 29 and No. 31 were in single ownership.

The Court disagreed with this submission and ultimately found that No. 29 would not be isolated if No. 31 remained undeveloped as both No. 29 and No. 31 were owned by the same person.