Hilltop Planners Pty Ltd v Maitland City Council [2006] NSWLEC 584

Land and Environment Court of New South Wales

CITATION : Hilltop Planners Pty Ltd v Maitland City Council [2006] NSWLEC 584

APPLICANT Hilltop Planners Pty Ltd PARTIES : RESPONDENT Maitland City Council

FILE NUMBER(S) : 10207 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- subdivision of lot into two lots - SEPP 1 objection to average lot size requirement - precedent - adequate building envelope - DCP requirements for subdivision of existing rural/residential lots

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 1 Maitland Local Environmental Plan 1993

Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46; CASES CITED: Precise Planning v Wollondilly Shire Council & Anor [2005] NSWLEC 339; Emmett v Ku-ring-gai Council [1954] LGRA 177

DATES OF HEARING: 29/08/2006

DATE OF JUDGMENT: 08/31/2006

APPLICANT Mr S. Bennett, agent

RESPONDENT LEGAL REPRESENTATIVES: Mr G. Williams, solicitor SOLICITORS Thompson Norrie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

31 August 2006

10207 of 2006 Hilltop Planners Pty Ltd v Maitland City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Maitland City Council (the council) of DA04-3770 for the subdivision of lot 13 in DP 225727 being 10 Killarney Street, Thornton (the site) into two lots. The site and surrounding area 2 The site forms part of a 16 lot subdivision registered on 22 December 1965 with lot sizes from around 8,100 sq m and known as the Avalon subdivision. Lot 13 has an eastern boundary along Killarney Drive of 120.4 m, a northern boundary along Avalon Drive of 61.2 m with a total site area of 8,979 sq m. A dwelling and sheds are located on the site together with a number of trees. The site adjoins a more recent subdivision of some 51 lots known as the Avalon Forest subdivision.