Roberts v Gloucester Shire Council [2007] NSWLEC 407

Roberts v Gloucester Shire Council [2007] NSWLEC 407

The concessional lot provisions did not apply because the physical state of the land had changed due to subdivision since 6 February 1976; and in the absence of meeting the exception, the minimum lot size requirement stood, justifying the council’s condition refusing the concessional lot. Ingress and egress for the proposed lot was also inadequate for safety, providing an alternative reason to dismiss the appeal.

Parties
Applicant: Colin Spencer Roberts; Respondent: Gloucester Shire Council
Jurisdiction
Australia
Judgment Date
06 July 2007
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Development Application, Concessional Lot, Subdivision, Local Environmental Plan, Ingress and Egress, Agricultural Viability
Planning Law Development Application Concessional Lot Subdivision Local Environmental Plan Ingress and Egress Agricultural Viability

Case Brief

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Parties

Colin Spencer Roberts

Applicant

Gloucester Shire Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 whether the provisions of cl 28(2)(g)(i) of the Gloucester Local Environmental Plan 2000 are available to the subdivision
  2. 2 whether Lot 53 provides safe ingress and egress to Thunderbolts Way
  3. 3 whether the creation of Lot 53 will result in the fragmentation of agricultural land

Ratio Decidendi

The concessional lot provisions did not apply because the physical state of the land had changed due to subdivision since 6 February 1976; and in the absence of meeting the exception, the minimum lot size requirement stood, justifying the council’s condition refusing the concessional lot. Ingress and egress for the proposed lot was also inadequate for safety, providing an alternative reason to dismiss the appeal.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Condition 2 imposed on the approval of DA 2006/1379 for the subdivision of land at 1330 Thunderbolts Way Gloucester is to remain.