Smith R & Anor v Wollondilly Shire Council [2004] NSWLEC 659

Smith R & Anor v Wollondilly Shire Council [2004] NSWLEC 659

The SEPP 1 objection is not well founded as the underlying planning purpose of the 40 ha minimum allotment size is not met by the proposed subdivision; the proposed livestock controls are impractical and do not address the intent of the planning controls. Further, approval would adversely affect the water catchment and set an undesirable precedent, and the proposal is contrary to the public interest. The application is refused.

Parties
Applicant: Robyn Lillian Amy Smith; Applicant: Silas Barry Sonter; Respondent: Wollondilly Shire Council; Intervenor: Sydney Catchment Authority
Jurisdiction
Australia
Judgment Date
10 December 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Development Application, SEPP 1 Objection, Minimum Allotment Size, Water Catchment Protection, Precedent in Planning Decisions, Ecologically Sustainable Development
Planning Law Environmental Law Development Application SEPP 1 Objection Minimum Allotment Size Water Catchment Protection Precedent in Planning Decisions Ecologically Sustainable Development

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Robyn Lillian Amy Smith

Applicant

Silas Barry Sonter

Applicant

Wollondilly Shire Council

Respondent

Sydney Catchment Authority

Intervenor

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the SEPP 1 objection to vary the minimum allotment size is well founded
  2. 2 Whether the proposed subdivision is consistent with the objectives of the relevant planning instruments and water catchment zone
  3. 3 Whether the proposal would have adverse environmental impacts on the water catchment

Ratio Decidendi

The SEPP 1 objection is not well founded as the underlying planning purpose of the 40 ha minimum allotment size is not met by the proposed subdivision; the proposed livestock controls are impractical and do not address the intent of the planning controls. Further, approval would adversely affect the water catchment and set an undesirable precedent, and the proposal is contrary to the public interest. The application is refused.

Court Disposition

appeal dismissed

Orders

  • The appeal in respect of the property known as No.755 Silverdale Road Werombi is dismissed.
  • The SEPP 1 objection to vary the minimum area of 40 hectares, as contained in cl.12(2)(a) of the Wollondilly LEP 1991, is not allowed.