Buchanan v Penrith City Council [2007] NSWLEC 662

Buchanan v Penrith City Council [2007] NSWLEC 662

Strict compliance with the 2 ha development standard in cl 12(2)(c) was necessary and reasonable, and the SEPP 1 objection was not well founded. The absence of unacceptable environmental harm was insufficient, the site had no special characteristics distinguishing it from other potentially developable 1.01 ha lots, approval would create a valid precedent concern and raise public services issues, and approval would effectively ignore the 2 ha standard and amount to an inappropriate planning change.

Jurisdiction
Australia
Judgment Date
18 September 2007
Procedural Posture
Appeal Against Refusal of Development Application / Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'sepp 1 Objection' 'minimum Lot Size Development Standard' 'rural Residential Development' 'zone Objectives']
['planning and Environment Law'] ['development Application' 'sepp 1 Objection' 'minimum Lot Size Development Standard' 'rural Residential Development' 'zone Objectives']

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Procedural Posture

Appeal Against Refusal of Development Application / Judgment

Legal Issues

  1. 1 ['Whether the requirement in cl 12 requiring the land to be vacant is a development standard' 'Whether the SEPP 1 objection to the 2 ha development standard in cl 12(2)(c) is well founded' 'Whether the proposal is consistent with the relevant plan and zone objectives']

Ratio Decidendi

Strict compliance with the 2 ha development standard in cl 12(2)(c) was necessary and reasonable, and the SEPP 1 objection was not well founded. The absence of unacceptable environmental harm was insufficient, the site had no special characteristics distinguishing it from other potentially developable 1.01 ha lots, approval would create a valid precedent concern and raise public services issues, and approval would effectively ignore the 2 ha standard and amount to an inappropriate planning change.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application No. 05/1750 for the construction of a dwelling, storage shed and onsite sewerage management system on Lot 25 Fourth Avenue, Llandilo is refused.' 'The exhibits are returned.']