NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Thomson v Northern Beaches Council [2021] NSWLEC 1291 Hearing dates: 27 October 2020; 4 February 2021 Date of orders: 26 May 2021 Decision date: 26 May 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is dismissed; and (2) The exhibits are returned, except for A and 2. Catchwords: DEVELOPMENT APPLICATION – subdivision of existing lot into two lots – minimum lot size – proposed lots are undersized – consideration of clause 4.6 written request Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy No 55 – Remediation of Land Warringah Local Environmental Plan 2011, cll 4.1, 4.6 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Section 7.12 Northern Beaches Contributions Plan 2019 Warringah Development Control Plan 2011 Category: Principal judgment Parties: Ron Thomson (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Patterson (Solicitor) (Respondent)
Solicitors: Sattler & Associates (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2019/379010 Publication restriction: No
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