Anderson v Ballina Shire Council [2021] NSWLEC 1455

Land and Environment Court New South Wales

Medium Neutral Citation: Anderson v Ballina Shire Council [2021] NSWLEC 1455 Hearing dates: 27 and 28 July 2021 Date of orders: 6 August 2021 Decision date: 06 August 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed; (2) The Applicant's development application 2020/49 to subdivide land in two lots into three lots at 38 Newrybar Swamp Road and 447 Ross Land, Lennox Head is determined by refusal; (3) The exhibits are returned, except exhibits B and 1. Catchwords: DEVELOPMENT APPLICATION – subdivision of land – regard had to objectives of zone – whether fragmentation of land is minimised Legislation Cited: Ballina Local Environmental Plan 2012, cl 2.3, 4.1, 4.2A Conveyancing Act 1919 Environmental Planning and Assessment Act 1979, ss 3.43(5), 4.15(1), 4.15(3A), 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, s 34 Real Property Act 1900, s 12D Cases Cited: Barrak v City of Parramatta Council [2018] NSWLEC 67 Wenli Wang v North Sydney Council [2018] NSWLEC 122 Texts Cited: Ballina Development Control Plan 2012 Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy, April 2021 NSW Land Registry Services, Registrar General's Guideline, Numbering lots and sheets (accessed 28 July 2021). Category: Principal judgment Parties: Monica and Allan Anderson (Applicant) Ballina Shire Council (Respondent) Representation: Counsel: I Hemmings, SC (Applicant) J Reid (Respondent)