Butler v Wollondilly Shire Council [2005] NSWLEC 283

Butler v Wollondilly Shire Council [2005] NSWLEC 283

Clause 13B of the Wollondilly LEP applied to the proposed subdivision, so a SEPP 1 objection was required. However, the amended proposal for two lots of 3 hectares and 5 hectares satisfied the objectives of the relevant standards and planning controls, maintained the rural landscape and scenic qualities of the area, protected the riparian and vegetated areas through conditions including a vegetation management plan, and would not create an undesirable precedent having regard to the existing subdivision pattern. The SEPP 1 objection was therefore allowed and development consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
12 May 2005
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act Against Deemed Refusal of a Subdivision Application / Ex Tempore Judgment on Amended Development Application and Consent Orders
Outcome
Appeal upheld; SEPP 1 objection allowed; development consent granted subject to conditions.
Legal Topics
['rural Residential Subdivision' 'sepp 1 Objection' 'rural Landscape Character' 'precedent and Cumulative Impact' 'concurrence in Planning Appeals']
['planning and Environment Law' 'land Use and Subdivision'] ['rural Residential Subdivision' 'sepp 1 Objection' 'rural Landscape Character' 'precedent and Cumulative Impact' 'concurrence in Planning Appeals']

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 Under S 97 of the Environmental Planning and Assessment Act Against Deemed Refusal of a Subdivision Application / Ex Tempore Judgment on Amended Development Application and Consent Orders

Legal Issues

  1. 1 ['Whether the proposed amended two lot subdivision of Lot 601, DP 877888, Rapleys Loop Road, Theresa Park should be approved.' 'Whether a State Environmental Planning Policy No. 1 objection was required because cl 13B of the Wollondilly Local Environmental Plan 1991 applied to the subject land.' 'Whether the SEPP 1 objection to the subdivision standard in cl 13B was well founded and should be allowed.' 'Whether the proposed subdivision was consistent with the objectives of the 7(c) Environmental Protection – Rural Living zone, the Wollondilly Shire Development Control Plan, and the Hawkesbury Nepean Sydney Regional Environmental Plan 1997, No. 20.' 'Whether approval would create an undesirable precedent or cumulative environmental impact.']

Ratio Decidendi

Clause 13B of the Wollondilly LEP applied to the proposed subdivision, so a SEPP 1 objection was required. However, the amended proposal for two lots of 3 hectares and 5 hectares satisfied the objectives of the relevant standards and planning controls, maintained the rural landscape and scenic qualities of the area, protected the riparian and vegetated areas through conditions including a vegetation management plan, and would not create an undesirable precedent having regard to the existing subdivision pattern. The SEPP 1 objection was therefore allowed and development consent was granted subject to conditions.

Court Disposition

Appeal upheld; SEPP 1 objection allowed; development consent granted subject to conditions.

Orders

  • ['The appeal in respect of the land known as Lot 601, DP 877888, Rapleys Loop Road, Theresa Park, is upheld.' 'The State Environmental Planning Policy No. 1 objection in respect of the standard contained in cl 13B of the Wollondilly LEP is allowed.' 'The development application submitted to Wollondilly Shire Council...