Webb (Graeme and Pamela) v Baulkham Hills Shire Council [2005] NSWLEC 80

Webb (Graeme and Pamela) v Baulkham Hills Shire Council [2005] NSWLEC 80

The SEPP 1 objection was well founded because the particular combination of circumstances made strict compliance with the 2 ha minimum lot size development standard unreasonable and unnecessary: the elongated landform, creek and dense bushland corridor physically and visually separated the two proposed lots; existing buildings and cleared areas already existed on each proposed lot with separate road frontages; the subdivision respected natural features and would not disturb the bushland corridor; services and environmental impacts were adequately addressed; and approval would not create an undesirable precedent or undermine the general application of the 2 ha standard. The proposed...

Jurisdiction
Australia
Judgment Date
01 April 2005
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Judgment After Hearing and Subsequent Written Submissions
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application for Two Lot Subdivision' 'state Environmental Planning Policy No. 1—development Standards Objection' 'minimum Lot Size Development Standard' 'rural 1(c) Zone Objectives' 'precedent and Consistency in Planning Decisions' 'conditions of Subdivision Consent']
['planning and Environment Law' 'development Consent' 'subdivision'] ['development Application for Two Lot Subdivision' 'state Environmental Planning Policy No. 1—development Standards Objection' 'minimum Lot Size Development Standard' 'rural 1(c) Zone Objectives' 'precedent and Consistency in Planning Decisions' 'conditions of Subdivision Consent']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Judgment After Hearing and Subsequent Written Submissions

Legal Issues

  1. 1 ['Whether the objection under State Environmental Planning Policy No. 1—Development Standards to the 2 ha minimum lot size standard should be upheld.' 'Whether compliance with the 2 ha development standard was unreasonable or unnecessary in the circumstances of the case.' 'Whether the proposed subdivision was consistent with the objectives of the Rural 1(c) zone and relevant aims and objectives of Baulkham Hills Local Environmental Plan 1991.' 'Whether granting consent would create an undesirable precedent or undermine consistent application of the development standard.' 'Whether development consent should be granted subject to conditions, including restrictions on future development of proposed lot 111.']

Ratio Decidendi

The SEPP 1 objection was well founded because the particular combination of circumstances made strict compliance with the 2 ha minimum lot size development standard unreasonable and unnecessary: the elongated landform, creek and dense bushland corridor physically and visually separated the two proposed lots; existing buildings and cleared areas already existed on each proposed lot with separate road frontages; the subdivision respected natural features and would not disturb the bushland corridor; services and environmental impacts were adequately addressed; and approval would not create an undesirable precedent or undermine the general application of the 2 ha standard. The proposed...

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted for a two-lot subdivision of lot 11 DP 626406 at 19 Glenhaven Road, Glenhaven, subject to the conditions in annexure A.' 'The exhibits may be returned.']