Kelly v Sutherland Shire Council [2006] NSWLEC 735

Kelly v Sutherland Shire Council [2006] NSWLEC 735

Lot C is an internal allotment because the 6.095 metre wide part running for about 48 metres functions as the access corridor for the site and adjoining Lot B, has no improvements, is subject to a Right of Way, and is consistent with a hatchet shaped allotment. Consequently the proposed dual occupancy development is prohibited under the LEP and the appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
02 November 2006
Procedural Posture
Development Application Appeal / Preliminary Issue of Permissibility
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Consent' 'dual Occupancy Housing' 'internal Allotment' 'sutherland Local Environmental Plan 2000' 'permissibility']
['planning and Environment Law'] ['development Consent' 'dual Occupancy Housing' 'internal Allotment' 'sutherland Local Environmental Plan 2000' 'permissibility']

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Procedural Posture

Development Application Appeal / Preliminary Issue of Permissibility

Legal Issues

  1. 1 ['Whether Lot C at 678 Port Hacking Road, Dolans Bay is an internal allotment under cl 5 of Sutherland Local Environmental Plan 2000.' 'Whether the proposed change from single occupancy to dual occupancy housing is prohibited because it is on an internal allotment.']

Ratio Decidendi

Lot C is an internal allotment because the 6.095 metre wide part running for about 48 metres functions as the access corridor for the site and adjoining Lot B, has no improvements, is subject to a Right of Way, and is consistent with a hatchet shaped allotment. Consequently the proposed dual occupancy development is prohibited under the LEP and the appeal must be dismissed.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application No. 06/0288 for the conversion of existing building to a dual occupancy development at 678 Port Hacking Road, Dolans Bay is refused.']