Simpson v Ballina Shire Council [2009] NSWLEC 1123

Simpson v Ballina Shire Council [2009] NSWLEC 1123

Lot 6 was created after the appointed day and lacks residential entitlement under cl 12(3)(e) of Ballina LEP 1987; the SEPP 1 objection is not well founded as the lot was not created for a planning purpose and permitting a dwelling would contravene the express prohibition and planning regime.

Jurisdiction
Australia
Judgment Date
24 April 2009
Procedural Posture
Appeal Against Refusal of Development Application / Judgment at First Instance
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'minimum Lot Size' 'sepp 1 Objection' 'residential Entitlement' 'interpretation of Local Environmental Plan']
['planning and Environment Law'] ['development Application' 'minimum Lot Size' 'sepp 1 Objection' 'residential Entitlement' 'interpretation of Local Environmental Plan']

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Procedural Posture

Appeal Against Refusal of Development Application / Judgment at First Instance

Legal Issues

  1. 1 ['Whether Lot 6 has a dwelling entitlement under cl 12(3)(e) of Ballina LEP 1987' 'Whether SEPP 1 objection to the minimum lot size is well founded']

Ratio Decidendi

Lot 6 was created after the appointed day and lacks residential entitlement under cl 12(3)(e) of Ballina LEP 1987; the SEPP 1 objection is not well founded as the lot was not created for a planning purpose and permitting a dwelling would contravene the express prohibition and planning regime.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application 2008/751 by Ballina Shire Council to convert an existing banana packing and storage shed to a single storey dwelling, carport and the installation of a on-site sewage management system is refused.' 'The exhibits are returned.']