Poynting v Strathfield Municipal Council [2000] NSWLEC 147

Land and Environment Court of New South Wales

CITATION : Poynting v Strathfield Municipal Council [2000] NSWLEC 147 APPLICANT: Poynting PARTIES : RESPONDENT: Strathfield Municipal Council

FILE NUMBER(S) : 10117 of 2000 CORAM: Bignold J KEY ISSUES: Question of Law :- whether provisions of LEP specifying minimum size of an allotment upon which a dwelling-house may be erected is a development standard.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 97 State Environmental Planning Policy No 1 - Development Standards Bell v Shellharbour Municipal Council (1993) 78LGERA 429; CASES CITED: Bowen v Willoughby Council [2000] NSWLEC 69; Fencott Drive Pty Ltd v Lake Macquarie City Council [2000] NSWLEC 146 DATES OF HEARING: 10th May 2000 DATE OF JUDGMENT: 07/12/2000

APPLICANT: Mr G Green, Solicitor SOLICITORS: Pike Pike and Fenwick

LEGAL REPRESENTATIVES: RESPONDENT: Mr T O'Connor, Solicitor SOLICITORS Houston Dearn O'Connor

JUDGMENT: IN THE LAND AND Matter No . 10117 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 12 July 2000

R. POYNTING

Applicant

v

STRATHFIELD MUNICIPAL COUNCIL

Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. The Council has raised some preliminary questions of law in pending class one proceedings involving an appeal pursuant to the Environmental Planning and Assessment Act 1979 s 97 (the EP&A Act) against the Council's deemed refusal of a development application to subdivide an existing lot known as lot 91 Deposited Plan 10182 and also known as No 26 Mitchell Road, Strathfield into two lots, each having identical dimensions, including a width of 15.24 m and an area of 557.4 m2 (the appeal site).