Stolk v Pittwater Council [2007] NSWLEC 561

Stolk v Pittwater Council [2007] NSWLEC 561

Compliance with the minimum allotment size standard in cl 11(2) is unreasonable and unnecessary in this case as the SEPP 1 objection is well founded; the existing and proposed use of the site can be accommodated on the new lot and required car parking is satisfactorily provided per previous consents.

Parties
Applicant: Adrian Stolk; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
06 July 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Development Application, SEPP 1 Objection, Subdivision, Multi Unit Housing, Minimum Allotment Size, Car Parking Requirements
Planning Law Environmental Law Development Application SEPP 1 Objection Subdivision Multi Unit Housing Minimum Allotment Size Car Parking Requirements

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Parties

Adrian Stolk

Applicant

Pittwater Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether non-compliance with the minimum allotment size standard in cl 11(2) of LEP 1993 is justified by a SEPP 1 objection
  2. 2 Whether the proposed car parking arrangements comply with previous development consents and are adequate for the approved uses

Ratio Decidendi

Compliance with the minimum allotment size standard in cl 11(2) is unreasonable and unnecessary in this case as the SEPP 1 objection is well founded; the existing and proposed use of the site can be accommodated on the new lot and required car parking is satisfactorily provided per previous consents.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • The development application (N0365/05) to construct a multi-unit housing development containing five dwellings and basement parking for sixteen cars and one disabled space at grade and subdivision of two existing allotments into two new allotments at 18 and 18A Barrenjoey Road, Mona Vale, is approved subject to the...