Parrott v Kiama [2004] NSWLEC 77

Land and Environment Court of New South Wales

CITATION : Parrott v Kiama [2004] NSWLEC 77 revised - 16/03/2004 Lee Parrott Applicant PARTIES : Kiama Municipal Council Respondent FILE NUMBER(S) : 11149 of 2003 CORAM: Roseth SC KEY ISSUES: Development Application - Subdivision :- Planning principle: subdivision with building envelope LEGISLATION CITED: CASES CITED: DATES OF HEARING: 12/02/2004 DATE OF JUDGMENT: 03/11/2004

Mr M Mantei Kells Lawyers LEGAL REPRESENTATIVES: Mr P Moggach Kearns & Garside

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11149 of 2003 Roseth SC 11 March 2004 Lee Parrott Applicant v Kiama Municipal Council Respondent

Judgment

Introduction 1 This is an appeal against the refusal by Kiama Municipal Council (the council) of a development application to subdivide lot 72 DP 229951 Headland Drive, Gerroa into two allotments.

The site 2 The site is on the southern side of Headland Drive. It has an area of 1,312m2, an average width of about 16m and a depth about 80m. It shares a rear boundary with two allotments that front Stafford Street. An existing house stands on the site. On either side of the site are several other allotments of similar size with houses near Headland Drive and deep open rear yards. The site is very steep with a fall from front to rear of 20m.

The proposal and its history 3 The applicant proposes to subdivide the allotment into two parcels of 703m2 and 608m2, to construct a detention basin and absorption trenches and an elevated driveway to serve the battleaxe allotment,. 4 The applicant lodged the application in October 2002. Following notification, the council received 16 objections. In October 2003 the council accepted the recommendation of it planning staff to refuse the application. The applicant lodged the appeal in September 2003.