Wilson v Great Lakes Council [2006] NSWLEC 716

Land and Environment Court of New South Wales

CITATION : Wilson v Great Lakes Council [2006] NSWLEC 716

APPLICANT Warren and Jan Wilson PARTIES : RESPONDENT Great Lakes Council

FILE NUMBER(S) : 11543 of 2005

CORAM: Hoffman C

KEY ISSUES: Subdivision :- Size and shape of allotments, overlooking, privacy, undesirable precedent, bushland conservation, character of zone, scenic protection

Great Lakes Local Environmental Plan 1996 LEGISLATION CITED: Development Control Plan No. 31 State Environmental Planning Policy No. 71 – Coastal Protection

DATES OF HEARING: 30/10/2006 and 13/11/2006

DATE OF JUDGMENT: 11/20/2006

APPLICANT Mr P Tomasetti, barrister Instructed by Mr D Balog, solicitor Of: D C Balog & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr M C Fraser, barrister Instructed by: Mr P Rees, solicitor Of: Mallik Rees

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

20 November 2006

11543 of 2005 Warren and Jan Wilson v Great Lakes Council

JUDGMENT

1 This is the judgment in appeal 11543 of 2005 between Warren and Jan Wilson and Great Lakes Council in regard to the refusal of a two-lot subdivision at No. 1 Carmona Drive, Cape Hawke via Forster. The subject property is in two lots and Lot 1 DP722679 and Lot 1 DP248203. The former is part of an old road reservation acquired by the applicant and it directly adjoins the northern boundary of the latter allotment. Together they comprise an area of 2.34 ha. The minimum lot size for subdivision in the locality is 1 ha.