Smyth Maher & Associates Pty Ltd v Coffs Harbour CC [2006] NSWLEC 412

Smyth Maher & Associates Pty Ltd v Coffs Harbour CC [2006] NSWLEC 412

The minimum lot size development standard in cl 15(1)(a) of Ulmarra Local Environmental Plan 1992 is unreasonable and unnecessary in this case and capable of variation under State Environmental Planning Policy No 1; flora and fauna impacts have been assessed and are not significant, so development consent should be granted subject to conditions.

Jurisdiction
Australia
Judgment Date
17 October 2006
Procedural Posture
Class 1 Appeal / Judgment After Hearing
Outcome
Appeals upheld; development consent granted subject to conditions; costs reserved.
Legal Topics
['development Consent' 'variation of Development Standard' 'rural Residential Zoning' 'threatened Species Assessment']
['environmental Law' 'planning Law'] ['development Consent' 'variation of Development Standard' 'rural Residential Zoning' 'threatened Species Assessment']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether development consent should be granted for dwellings on rural lots less than 10 hectares under Ulmarra Local Environmental Plan 1992 and State Environmental Planning Policy No 1' 'Whether the flora and fauna assessment adequately addressed the impact on threatened species pursuant to s 5A of the Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The minimum lot size development standard in cl 15(1)(a) of Ulmarra Local Environmental Plan 1992 is unreasonable and unnecessary in this case and capable of variation under State Environmental Planning Policy No 1; flora and fauna impacts have been assessed and are not significant, so development consent should be granted subject to conditions.

Court Disposition

Appeals upheld; development consent granted subject to conditions; costs reserved.

Orders

  • ['Development consent granted for dwelling house at Lot 64 DP 731384, subject to conditions.' 'Development consent granted for dwelling house at Lot 70 DP 731384, subject to conditions.']