Rawson Homes Pty Limited v Pittwater Council [2005] NSWLEC 718

Land and Environment Court of New South Wales

CITATION : Rawson Homes Pty Limited v Pittwater Council [2005] NSWLEC 718

APPLICANT: Rawson Homes Pty Limited PARTIES : RESPONDENT: Pittwater Council

FILE NUMBER(S) : 10947 of 2005

CORAM: Pain J

KEY ISSUES: Words and Phrases :- "allotment" - whether ordinary or technical meaning in LEP

Burwood Planning Scheme Ordinance 1979 Conveyancing Act 1919 LEGISLATION CITED: Pittwater Local Environmental Plan 1993 Sydney Regional Environmental Plan No 12 - Dual Occupancy

Issa v Burwood Council (2005) 137 LGERA 221; CASES CITED: S & I Investments Pty Limited v Pittwater Municipal Council (Talbot J, NSWLEC, 13 October 1993, unreported)

DATES OF HEARING: 13/12/2005

DATE OF JUDGMENT: 12/14/2005

APPLICANT: Mr I Hemmings (barrister) SOLICITORS: Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Ms G Furness (barrister) SOLICITORS: Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

14 December 2005

10947 of 2005 Rawson Homes Pty Limited v Pittwater Council

JUDGMENT 1 Her Honour: This matter comes before the Court today on preliminary questions of law as follows: (i) Whether for the purpose of cl 16 of the Pittwater Local Environmental Plan 1993 ("the LEP") the whole of the land in certificate of title 5423-102 (auto-consul 5423-102), being Lot 16 in DP10529 and Lot A in DP348575, together are an allotment that was lawfully created; or (ii) Whether for the purpose of cl 16 of the LEP, Lot 16 in DP10529 and Lot A in DP348575 are each separate allotments that were lawfully created. Background 2 The subject property is located at 18 Palm Road, Newport ("the property"). The property comprises the land in Lot 16 in DP10529 ("Lot 16") and Lot A in DP348575 ("Lot A") as shown in computer folio reference auto-consul 5423-102. The property has an area of approximately 884sq m. The property is generally quadrangular in shape and has a width of 22.6m and a depth of 40.33m. The property is located on the northern (low) side of Palm Road. It is currently improved by a two storey rendered brick and weatherboard residence with tile roof. A single storey weatherboard granny flat with tile roof is located in the rear yard. The existing dwelling on the property straddles Lot 16 in DP10529 and Lot A in DP348575.