Campbell v Sutherland Shire Council [2018] NSWLEC 1621

Campbell v Sutherland Shire Council [2018] NSWLEC 1621

Both proposed lots are less than the minimum lot area as required by the LEP (Lot 1 being an internal lot with a minimum size of 700m2 and Lot 2 also undersized), and clause 4.6(6) prevents any variation to the standard; therefore, the Court has no jurisdiction to approve the subdivision and the appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
06 November 2018
Procedural Posture
Appeal (class 1) / Judgment
Outcome
Appeal dismissed
Legal Topics
['subdivision' 'minimum Lot Size' 'development Application' 'local Environmental Plan']
['planning and Environment'] ['subdivision' 'minimum Lot Size' 'development Application' 'local Environmental Plan']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal (class 1) / Judgment

Legal Issues

  1. 1 ['Whether the proposed subdivision complies with the minimum lot size provisions of the Sutherland Shire Local Environment Plan 2015' 'Whether Lot 1 is properly characterised as an internal lot requiring a greater minimum lot size' 'Whether Clause 4.6 of the LEP can be used to vary the minimum lot size in context']

Ratio Decidendi

Both proposed lots are less than the minimum lot area as required by the LEP (Lot 1 being an internal lot with a minimum size of 700m2 and Lot 2 also undersized), and clause 4.6(6) prevents any variation to the standard; therefore, the Court has no jurisdiction to approve the subdivision and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']