Gale v Hornsby Shire Council [2009] NSWLEC 1119

Gale v Hornsby Shire Council [2009] NSWLEC 1119

Because the site already contained two council-approved dwellings, the proposed subdivision would not change the physical layout or current environment and would not cause environmental impacts on the natural or man-made environment sufficient to refuse the agreed consent orders, notwithstanding the proposed lots were below the 500 sq m minimum allotment size.

Jurisdiction
Australia
Judgment Date
09 April 2009
Procedural Posture
Development Application Appeal Concerning Subdivision / On Site Hearing; Consent Orders; Ex Tempore Judgment
Outcome
Appeal upheld; development consent granted subject to Annexure A conditions.
Legal Topics
['subdivision' 'minimum Allotment Size' 'state Environmental Planning Policy No. 1 Objection' 'consent Orders' 'precedent' 'environmental Impacts']
['environmental Planning and Assessment' 'development Consent'] ['subdivision' 'minimum Allotment Size' 'state Environmental Planning Policy No. 1 Objection' 'consent Orders' 'precedent' 'environmental Impacts']

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Procedural Posture

Development Application Appeal Concerning Subdivision / On Site Hearing; Consent Orders; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether consent should be granted for subdivision of 18 Fairburn Avenue, West Pennant Hills into two lots below the 500 sq m minimum allotment size required by the Hornsby Local Environmental Plan 1994.' 'Whether precedent concerns and environmental impacts should prevent the Court from making the consent orders agreed by the parties.']

Ratio Decidendi

Because the site already contained two council-approved dwellings, the proposed subdivision would not change the physical layout or current environment and would not cause environmental impacts on the natural or man-made environment sufficient to refuse the agreed consent orders, notwithstanding the proposed lots were below the 500 sq m minimum allotment size.

Court Disposition

Appeal upheld; development consent granted subject to Annexure A conditions.

Orders

  • ['The appeal in respect of the property known as No. 18 Fairburn Avenue, West Pennant Hills is upheld.' "The development application for subdivision of the above property is determined by the granting of consent subject to the condition contained in Annexure 'A'."]