Peel v Wagga Wagga City Council [2011] NSWLEC 1002

Peel v Wagga Wagga City Council [2011] NSWLEC 1002

The application was refused because the proposed subdivision was inconsistent with zone objectives in the Wagga Wagga Rural Local Environmental Plan 1991, would fragment viable agricultural land, and only one further allotment could lawfully be created under clause 13. Neither clause 13 nor clause 15 permitted the...

Source-derived case information.

Parties
Applicant: Timothy John Peel; Applicant: Julie Anne Peel; Respondent: Wagga Wagga City Council
Jurisdiction
Australia
Judgment Date
18 January 2011
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal dismissed; development consent refused.
Legal Topics
Rural Subdivision, Local Environmental Plan, Zone Objectives, Prime Crop and Pasture Land, Existing Holding, Development Application Refusal, Weight of Strategic Planning Instruments
Planning and Environment Law Rural Subdivision Local Environmental Plan Zone Objectives Prime Crop and Pasture Land Existing Holding Development Application Refusal Weight of Strategic Planning Instruments

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Parties

Timothy John Peel

Applicant

Julie Anne Peel

Applicant

Wagga Wagga City Council

Respondent

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed subdivision is permissible under applicable planning instruments
  2. 2 Whether the development complies with the objectives of the relevant zone
  3. 3 Whether the subdivision adversely impacts agricultural productivity and land fragmentation

Ratio Decidendi

The application was refused because the proposed subdivision was inconsistent with zone objectives in the Wagga Wagga Rural Local Environmental Plan 1991, would fragment viable agricultural land, and only one further allotment could lawfully be created under clause 13. Neither clause 13 nor clause 15 permitted the proposed four-lot subdivision, and the site was not in an area identified for rural small holdings. Consequently, the development application could not be approved.

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • The appeal is dismissed.
  • Development application DA 89/2008 to subdivide part of two existing holdings, being Lots 79 and 81 DP 757262 and Lot 22 DP 622994 Yabtree Road Borambola, into four allotments for the purposes of dwelling houses is determined by the refusal of development consent.