Ireland v Wagga Wagga City Council [2011] NSWLEC 1047

Ireland v Wagga Wagga City Council [2011] NSWLEC 1047

The evidence, including the agreed conditions requiring additional olive plantings and a restrictive covenant linking occupation of any dwelling to continued intensive plant or livestock agriculture, supported the conclusion that the objectives of the cl 17 minimum allotment size development standard would be achieved and that compliance with the 200 ha standard was unreasonable or unnecessary in the circumstances. It was therefore appropriate to uphold the SEPP 1 objection and grant development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
27 January 2011
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 090067 for Staged Development Involving Construction of a Dwelling / Principal Judgment; Parties Sought Consent Orders After Reaching Agreement Subject to Conditions
Outcome
The Court was satisfied it was appropriate to make consent orders upholding the SEPP 1 objection and granting development consent subject to the parties' proposed conditions, but directed the parties to file the amended site plan and electronic conditions before final orders were made in chambers.
Legal Topics
['development Application for Dwelling House' 'minimum Allotment Size Development Standard' 'sepp 1 Objection' 'rural Zone Objectives' 'deferred Commencement Condition' 'restrictive Covenant']
['planning and Environment Law' 'development Consent' 'rural Land Use'] ['development Application for Dwelling House' 'minimum Allotment Size Development Standard' 'sepp 1 Objection' 'rural Zone Objectives' 'deferred Commencement Condition' 'restrictive Covenant']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 090067 for Staged Development Involving Construction of a Dwelling / Principal Judgment; Parties Sought Consent Orders After Reaching Agreement Subject to Conditions

Legal Issues

  1. 1 ['Whether the objection under State Environmental Planning Policy No 1 - Development Standards to the minimum allotment size development standard in cl 17 of the Wagga Wagga Rural Local Environmental Plan 1991 should be upheld' 'Whether compliance with the 200 ha minimum allotment size for a dwelling on vacant rural land was unreasonable or unnecessary in the circumstances' 'Whether consent should be granted subject to conditions linking the dwelling to continued agricultural use of the land']

Ratio Decidendi

The evidence, including the agreed conditions requiring additional olive plantings and a restrictive covenant linking occupation of any dwelling to continued intensive plant or livestock agriculture, supported the conclusion that the objectives of the cl 17 minimum allotment size development standard would be achieved and that compliance with the 200 ha standard was unreasonable or unnecessary in the circumstances. It was therefore appropriate to uphold the SEPP 1 objection and grant development consent subject to conditions.

Court Disposition

The Court was satisfied it was appropriate to make consent orders upholding the SEPP 1 objection and granting development consent subject to the parties' proposed conditions, but directed the parties to file the amended site plan and electronic conditions before final orders were made in chambers.

Orders

  • ['Parties to file a copy of plan 08127P1A, being the site plan as amended, to identify the location of the building envelope.' 'Parties to file an electronic version of the conditions by close of business Friday 28 January 2011.' 'Final orders will be made in chambers after those documents are filed.']