McLean v Liverpool City Council [2010] NSWLEC 1106

McLean v Liverpool City Council [2010] NSWLEC 1106

Compliance with the minimum allotment standard is unnecessary and unreasonable in the circumstances, as the subdivision would not detract from rural character or scenic landscape, owing to the site’s sloping location, existing landscaping, and building envelope restrictions. The SEPP 1 objection is well founded and should be sustained. Although the 2008 LEP closes further subdivision, the application was made prior to its finalisation, and on balance it does not prevent approval in this instance.

Jurisdiction
Australia
Judgment Date
31 March 2010
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'subdivision' 'minimum Allotment Size' 'sepp 1 Objection']
['planning and Environment'] ['development Application' 'subdivision' 'minimum Allotment Size' 'sepp 1 Objection']

Case Brief

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Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether to sustain SEPP 1 objection to minimum allotment size under Liverpool Local Environmental Plan 1997' 'What weight, if any, should be given to Liverpool Local Environmental Plan 2008 provisions']

Ratio Decidendi

Compliance with the minimum allotment standard is unnecessary and unreasonable in the circumstances, as the subdivision would not detract from rural character or scenic landscape, owing to the site’s sloping location, existing landscaping, and building envelope restrictions. The SEPP 1 objection is well founded and should be sustained. Although the 2008 LEP closes further subdivision, the application was made prior to its finalisation, and on balance it does not prevent approval in this instance.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['Objection pursuant to State Environmental Planning Policy No 1 to compliance with the minimum allotment size in Rural 1(c) zone under Liverpool Local Environmental Plan 1997 is sustained.' 'The appeal is upheld.' 'Development Application 79/2009 to subdivide 185 Denham Court Road, Denham Court, into two allotments...