Rogan v Pittwater Council [2000] NSWLEC 178

Reported Decision : 109 LGERA 321

Land and Environment Court of New South Wales

CITATION : Rogan v Pittwater Council [2000] NSWLEC 178 APPLICANT: Rogan PARTIES : RESPONDENT: Pittwater Council FILE NUMBER(S) : 10268 of 2000 CORAM: Bignold J KEY ISSUES: Question of Law :- Preliminary Determination - (1) Is development prohibited by LEP? (2) Does LEP impose a development standard in respect of the minimum lot size in a subdivision of Non-Urban land? LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 State Environmental Planning Policy No 1 - Development Standards CASES CITED: DATES OF HEARING: 23 June 2000 DATE OF JUDGMENT: 08/14/2000

APPLICANT: Mr B Hones, Solicitor SOLICITORS Hones Lawyers

LEGAL REPRESENTATIVES: RESPONDENT: Mr A Galasso, Barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT: IN THE LAND AND Matter No . 10268 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 14 August 2000

M AND F ROGAN

Applicant

v

PITTWATER COUNCIL

Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979 (the EP&A Act) s 97 against the determination by the Council refusing consent to the Applicant's development application, supported by an objection under State Environmental Planning Policy No 1 - Development Standards (SEPP No 1), to subdivide into two lots an existing lot known as lot 81 Deposited Plan 875079, being No 2A Minkara Road, Bayview (the appeal site).