Cole v Sutherland Shire Council [2008] NSWLEC 1356

Cole v Sutherland Shire Council [2008] NSWLEC 1356

The objection to compliance with the minimum allotment width standard is not sustained due to the proposal's non-compliance with the development standard, objectives of the relevant Local Environmental Plan, and the applicable Development Control Plan. The access arrangement would result in a driveway servicing more allotments and vehicles than permitted, presenting safety and efficiency issues, and there is no planning basis for departing from the prescribed development controls. Refusal of development consent does not orphan the site from future development in accordance with planning objectives.

Jurisdiction
Australia
Judgment Date
29 August 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['development Application' 'development Standards' 'subdivision' 'sepp 1 Objection' 'minimum Allotment Size' 'minimum Lot Width']
['planning and Environment Law'] ['development Application' 'development Standards' 'subdivision' 'sepp 1 Objection' 'minimum Allotment Size' 'minimum Lot Width']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether objection to compliance with the development standard for minimum allotment width under clause 38(2) of Sutherland Shire Local Environmental Plan 2000 should be sustained under State Environmental Planning Policy 1' 'Whether proposed driveway arrangement satisfies relevant development and control standards' 'Whether refusal of development consent leaves the site as an orphan incapable of economic development']

Ratio Decidendi

The objection to compliance with the minimum allotment width standard is not sustained due to the proposal's non-compliance with the development standard, objectives of the relevant Local Environmental Plan, and the applicable Development Control Plan. The access arrangement would result in a driveway servicing more allotments and vehicles than permitted, presenting safety and efficiency issues, and there is no planning basis for departing from the prescribed development controls. Refusal of development consent does not orphan the site from future development in accordance with planning objectives.

Court Disposition

Appeal dismissed

Orders

  • ['The objection pursuant to State Environmental Planning Policy 1 to compliance with the development standard for the minimum allotment width contained in clause 38(2) of Sutherland Shire Local Environmental Plan 2000 is not sustained' 'The appeal is dismissed' 'Development Application 06/1406 for subdivision of 183...