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NSW Land and Environment Court refuses to subdivide two residential lots

In Class 1 proceedings, Tuor C in Tenhave v Wollongong Council [2010] NSWLEC 1361, the NSW Land & Environment Court disallowed an appeal to subdivide two residential lots at Cordeau Heights, Wollongong.

The main issues before the Court were that one of the lots was too small under the Wollongong Local Environmental Plan 2009 which was gazetted after the case commenced. The LEP required the minimum lot size to be greater than 1000m2 and one of the lots being subdivided was only 568m2.

The NSW Land and Environment Court also took into account the size and shape of the lots, which were considered not to be consistent with other lots in the area and was out of character.

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