Thorncraft & Anor v Bathurst Regional Council & Anor [2005] NSWLEC 571

Thorncraft & Anor v Bathurst Regional Council & Anor [2005] NSWLEC 571

The SEPP No. 1 tests were not satisfied because the proposed dwelling on a 2.4 hectare allotment represented a massive departure from the long-standing 100 hectare development standard, would contravene the objective of protecting agricultural land and discourage rural residential lifestyle development, compliance with the standard was not unreasonable or unnecessary, and approval would have an undesirable precedent effect for other sub-100 hectare lots in the vicinity. The development standard therefore had to be observed, requiring dismissal of the appeal and refusal of the development application.

Jurisdiction
Australia
Judgment Date
14 September 2005
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Ex Tempore Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application for Dwelling House on Rural Land' 'minimum Allotment Area Requirement' 'sepp No. 1 Objection' 'development Standards' 'undesirable Precedent']
['environmental Planning and Assessment' 'land Use Planning'] ['development Application for Dwelling House on Rural Land' 'minimum Allotment Area Requirement' 'sepp No. 1 Objection' 'development Standards' 'undesirable Precedent']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the 100 hectare minimum allotment size for a dwelling house was a development standard.' 'Whether the proposed dwelling house contravened the underlying objective of the development standard to protect and secure agricultural land for the future.' 'Whether compliance with the development standard tended to hinder the objects in s 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979.' 'Whether compliance with the 100 hectare development standard was unreasonable or unnecessary in the circumstances.' 'Whether granting consent would create an undesirable precedent for similar applications on lots under 100 hectares.']

Ratio Decidendi

The SEPP No. 1 tests were not satisfied because the proposed dwelling on a 2.4 hectare allotment represented a massive departure from the long-standing 100 hectare development standard, would contravene the objective of protecting agricultural land and discourage rural residential lifestyle development, compliance with the standard was not unreasonable or unnecessary, and approval would have an undesirable precedent effect for other sub-100 hectare lots in the vicinity. The development standard therefore had to be observed, requiring dismissal of the appeal and refusal of the development application.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed and the development application for the erection of a dwelling house on Lot 77 in Deposited Plan 755799 is refused.' 'The exhibits, other than Exhibit 4, may be returned.']