Abboud v Hornsby Shire Council [2014] NSWLEC 1133

Abboud v Hornsby Shire Council [2014] NSWLEC 1133

The SEPP 1 objection was not well founded because the applicant did not establish that compliance with the 2ha minimum lot size development standard in cl 14 of Hornsby Local Environmental Plan 1994 was unreasonable or unnecessary, did not show that the proposal satisfied the Rural BR zone objectives, and did not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 July 2014
Procedural Posture
Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Final Hearing and Determination
Outcome
The appeal is dismissed and Development Application DA/720/2013 is refused.
Legal Topics
['sepp 1 Objection' 'minimum Lot Size Development Standard' 'rural BR (small Holdings Rural Landscapes) Zone Objectives' 'environmentally Sensitive Land' 'threatened Species Habitat' 'crown Road Reserve']
['planning and Environment Law' 'subdivision' 'environmental Protection' 'bush Fire Planning'] ['sepp 1 Objection' 'minimum Lot Size Development Standard' 'rural BR (small Holdings Rural Landscapes) Zone Objectives' 'environmentally Sensitive Land' 'threatened Species Habitat' 'crown Road Reserve']

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Procedural Posture

Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Final Hearing and Determination

Legal Issues

  1. 1 ['Whether the SEPP 1 objection to the minimum lot size development standard in cl 14 of Hornsby Local Environmental Plan 1994 was well founded.' 'Whether compliance with the 2ha minimum lot size development standard was unreasonable or unnecessary in the circumstances.' 'Whether the proposed subdivision satisfied the objectives of the Rural BR (Small Holdings - Rural Landscapes) Zone.' 'Whether the proposed subdivision would improve or diminish the environmental qualities of the site, including impacts on remnant bushland and threatened species habitat.' 'Whether the presence of the Crown road reserve justified subdivision into two undersized lots.']

Ratio Decidendi

The SEPP 1 objection was not well founded because the applicant did not establish that compliance with the 2ha minimum lot size development standard in cl 14 of Hornsby Local Environmental Plan 1994 was unreasonable or unnecessary, did not show that the proposal satisfied the Rural BR zone objectives, and did not show that subdivision for a future dwelling and associated bush fire protection works would improve the environmental qualities of the site. The proposed subdivision would create two undersized lots, diminish environmental qualities through likely clearing of threatened species habitat, and rely on general circumstances such as a Crown road reserve that could undermine the...

Court Disposition

The appeal is dismissed and Development Application DA/720/2013 is refused.

Orders

  • ['The appeal is dismissed.' 'Development Application DA/720/2013 for the Torrens Title subdivision of Lot 1 DP 864941, 46 Quarry Road, Dural into two lots is refused.' 'The exhibits are returned.']