LSR Developments Pty Ltd v Sutherland Shire Council [2004] NSWLEC 566

LSR Developments Pty Ltd v Sutherland Shire Council [2004] NSWLEC 566

The amended proposal was more site responsive, reduced density, improved the road alignment, provided passing bays and visitor parking, increased the bushfire Asset Protection Zone, kept building footprints clear of steeper land and cliff locations, reduced cut and fill, and retained more vegetation. On the expert conclusions, council's acceptance and the agreed conditions, the remaining concerns were satisfactorily addressed; strict compliance with the minimum lot size standard was unnecessary and unreasonable, so the SEPP 1 objection was allowed and consent was granted.

Jurisdiction
Australia
Judgment Date
07 October 2004
Procedural Posture
Appeal Against Council's Refusal of a Development Application / Consent Orders After Amended Proposal
Outcome
Appeal upheld; SEPP 1 objection allowed; development consent granted subject to conditions.
Legal Topics
['development Application' 'community Title Subdivision' 'minimum Lot Size' 'sepp 1 Objection' 'bushfire Risk' 'access and Traffic Safety' 'vegetation Impacts' 'foreshore Scenic Protection']
['planning and Environment Law'] ['development Application' 'community Title Subdivision' 'minimum Lot Size' 'sepp 1 Objection' 'bushfire Risk' 'access and Traffic Safety' 'vegetation Impacts' 'foreshore Scenic Protection']

Case Brief

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Procedural Posture

Appeal Against Council's Refusal of a Development Application / Consent Orders After Amended Proposal

Legal Issues

  1. 1 ['Whether the amended community title subdivision proposal should be approved by consent orders.' "Whether the SEPP 1 objection to the minimum lot size prescribed in cl 37 of Sutherland Shire Council's LEP 2000 should be allowed." 'Whether bushfire risks, access and safety, environmental impacts including vegetation impacts and cut and fill, and public interest concerns were adequately addressed.']

Ratio Decidendi

The amended proposal was more site responsive, reduced density, improved the road alignment, provided passing bays and visitor parking, increased the bushfire Asset Protection Zone, kept building footprints clear of steeper land and cliff locations, reduced cut and fill, and retained more vegetation. On the expert conclusions, council's acceptance and the agreed conditions, the remaining concerns were satisfactorily addressed; strict compliance with the minimum lot size standard was unnecessary and unreasonable, so the SEPP 1 objection was allowed and consent was granted.

Court Disposition

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

Orders

  • ['The appeal is upheld.' "The SEPP 1 Objection to the minimum lot size prescribed in cl 37 of Sutherland Shire Council's LEP 2000 is allowed." 'Development consent is granted to DA No. 03/1825 for a community title development comprising 9 lots at Old Ferry Road, Illawong, subject to the conditions in Annexure "A".'...