Collins v Wagga Wagga City Council and Anor [2008] NSWLEC 16

Collins v Wagga Wagga City Council and Anor [2008] NSWLEC 16

The proposal for subdivision of Lot 19 is consistent with the objectives of the zone and the underlying object of cl 15(4)(c); strict compliance with the development standard is unreasonable and unnecessary as the land is not viable for agriculture, its loss to agriculture is not significant, and the site is distinguished by its history and characteristics—thus the SEPP 1 objection is well founded.

Parties
Applicant: Trevor Collins; First Respondent: Wagga Wagga City Council; Second Respondent: Director General of the Department of Planning
Jurisdiction
Australia
Judgment Date
17 January 2008
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld
Legal Topics
Development Application, Subdivision, SEPP 1 Objection, Environmental Planning and Assessment Act 1979
Planning Law Environmental Law Development Application Subdivision SEPP 1 Objection Environmental Planning and Assessment Act 1979

Case Brief

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Parties

Trevor Collins

Applicant

Wagga Wagga City Council

First Respondent

Director General of the Department of Planning

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the SEPP 1 objection is well founded in respect of non-compliance with cl 15(4)(c) of the Wagga Wagga Rural Local Environmental Plan 1991
  2. 2 Whether strict compliance with the development standard is unreasonable and unnecessary
  3. 3 Whether the proposal is consistent with planning objectives and zone objectives

Ratio Decidendi

The proposal for subdivision of Lot 19 is consistent with the objectives of the zone and the underlying object of cl 15(4)(c); strict compliance with the development standard is unreasonable and unnecessary as the land is not viable for agriculture, its loss to agriculture is not significant, and the site is distinguished by its history and characteristics—thus the SEPP 1 objection is well founded.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • Development Application 990776 to subdivide Lot 19 Willow Tree Place, Wagga Wagga is approved subject to the conditions in Annexure A.