Griffin And Anor v Ku-ring-gai Council [2007] NSWLEC 319

Griffin And Anor v Ku-ring-gai Council [2007] NSWLEC 319

The Court upheld the SEPP 1 objection because the particular circumstances of the site supported a subdivision below the minimum lot size: the proposed Lot 12 related to the adjoining pattern of development, allowed a future dwelling while retaining significant canopy trees, would have minimal adverse impact on Duff Street residences and adjoining properties, and would not offend the relevant objectives of the Ku-ring-gai Planning Scheme Ordinance. The Court accepted the evidence of Ms Laidlaw and Mr English, including that development could occur without adverse amenity or environmental impacts and with retention of more existing trees.

Jurisdiction
Australia
Judgment Date
16 May 2007
Procedural Posture
Class 1 Appeal / Ex Tempore Judgment on Appeal Against Refusal of Subdivision Application
Outcome
Appeal upheld; subdivision application granted subject to conditions of consent.
Legal Topics
['subdivision Below Minimum Lot Size' 'state Environmental Planning Policy No 1 Objection' 'ku Ring Gai Planning Scheme Ordinance' 'setbacks' 'private Open Space' 'tree Preservation' 'landscape and Streetscape Character']
['environmental Planning and Assessment' 'land and Environment' 'development Application'] ['subdivision Below Minimum Lot Size' 'state Environmental Planning Policy No 1 Objection' 'ku Ring Gai Planning Scheme Ordinance' 'setbacks' 'private Open Space' 'tree Preservation' 'landscape and Streetscape Character']

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Procedural Posture

Class 1 Appeal / Ex Tempore Judgment on Appeal Against Refusal of Subdivision Application

Legal Issues

  1. 1 ['Whether the proposed subdivision of two lots into three should be refused because the resulting allotments were approximately 30% below minimum allotment sizes and allegedly not in keeping with the general pattern of subdivision in the area.' 'Whether the State Environmental Planning Policy No 1 objection established that compliance with the minimum lot size development standard was unreasonable and unnecessary.' 'Whether the nominated building platform for proposed Lot 12 would cause adverse amenity impacts, ineffective landscaping, an undersized dwelling for the area, or development incompatible with the existing landscape quality of the area.']

Ratio Decidendi

The Court upheld the SEPP 1 objection because the particular circumstances of the site supported a subdivision below the minimum lot size: the proposed Lot 12 related to the adjoining pattern of development, allowed a future dwelling while retaining significant canopy trees, would have minimal adverse impact on Duff Street residences and adjoining properties, and would not offend the relevant objectives of the Ku-ring-gai Planning Scheme Ordinance. The Court accepted the evidence of Ms Laidlaw and Mr English, including that development could occur without adverse amenity or environmental impacts and with retention of more existing trees.

Court Disposition

Appeal upheld; subdivision application granted subject to conditions of consent.

Orders

  • ['The appeal is upheld.' 'The subdivision application at No. 19 and 21 Duff Street, Turramurra to re-subdivide the land into 3 lots is granted as shown on two drawings by Patrick Griffin and Katherine Mulcahy dated 15 May 2007 as annotated in Exhibits B & J of this appeal entitled Approved Subdivision Plan on one...