Armytage & Ors v Sutherland Shire Council [2005] NSWLEC 94

Armytage & Ors v Sutherland Shire Council [2005] NSWLEC 94

The application is refused because the proposal fails to comply with the DCP's limitation that a right of carriageway may service only two internal allotments, and because the subdivision is out of character with the prevailing subdivision pattern in Bundeena, resulting in unacceptable cumulative impact on neighbourhood character under cl 30(c) of the LEP.

Jurisdiction
Australia
Judgment Date
17 March 2005
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['development Application' 'subdivision Control' 'planning Instruments Compliance' 'local Environmental Plans' 'development Control Plans']
['environmental Planning Law' 'property Law' 'local Government Law'] ['development Application' 'subdivision Control' 'planning Instruments Compliance' 'local Environmental Plans' 'development Control Plans']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether Lots 3 and 4 comply with minimum internal allotment area requirements under the LEP' 'Whether the number of internal allotments served by the right of carriageway exceeds that permitted by the DCP' 'Whether the proposed subdivision is inconsistent with the existing subdivision pattern in Bundeena' 'Whether insufficient information was provided to address impact on neighbour amenity' 'Weight to be given to draft 2004 LEP']

Ratio Decidendi

The application is refused because the proposal fails to comply with the DCP's limitation that a right of carriageway may service only two internal allotments, and because the subdivision is out of character with the prevailing subdivision pattern in Bundeena, resulting in unacceptable cumulative impact on neighbourhood character under cl 30(c) of the LEP.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development Application 04/1260 to subdivide two existing allotments at 7 and 9 Scarborough Street, Bundeena into five allotments is determined by the refusal of development consent.' 'The exhibits are returned.']