Lovrencic and Ors v Wollondilly Shire Council [2010] NSWLEC 1181

Lovrencic and Ors v Wollondilly Shire Council [2010] NSWLEC 1181

The Court found that the objection under SEPP 1 to vary the minimum subdivision lot size was not well founded, as the underlying purpose of preserving rural residential character and maintaining the 4,000 m2 lot size standard would not be satisfied by permitting the subdivision. The proposal would create an undesirable precedent and was inconsistent with established and draft planning controls.

Jurisdiction
Australia
Judgment Date
18 May 2010
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['development Application' 'subdivision' 'minimum Lot Size' 'sepp 1 Variation' 'rural Residential Zoning']
['planning Law' 'environmental Law'] ['development Application' 'subdivision' 'minimum Lot Size' 'sepp 1 Variation' 'rural Residential Zoning']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed subdivision of land for dual occupancy contravenes the minimum lot size requirement under the relevant LEP.' 'Whether the objection under State Environmental Planning Policy No. 1 (SEPP 1) to vary the minimum subdivision size from 4,000 m2 to 2,000 m2 is well founded.' 'Whether the proposed subdivision is contrary to the rural residential character and objectives of the zone.']

Ratio Decidendi

The Court found that the objection under SEPP 1 to vary the minimum subdivision lot size was not well founded, as the underlying purpose of preserving rural residential character and maintaining the 4,000 m2 lot size standard would not be satisfied by permitting the subdivision. The proposal would create an undesirable precedent and was inconsistent with established and draft planning controls.

Court Disposition

appeal dismissed

Orders

  • ['The appeal in respect to 29 Greenhills Drive, Silverdale is dismissed.' 'The State Environmental Planning Policy objection to vary the minimum allotment size from 4,000 to 2,000 square metres is not allowed.' 'The development application for subdivision of the subject land into two parcels is determined by the...