TCW Consulting Pty Ltd v Kiama Municipal Council [2003] NSWLEC 321

> Land and Environment Court of New South Wales

CITATION : TCW Consulting Pty Ltd v Kiama Municipal Council [2003] NSWLEC 321 APPLICANT TCW Consulting Pty Ltd PARTIES : RESPONDENT Kiama Municipal Council FILE NUMBER(S) : 10287 of 2003 CORAM: Hussey C Development Application :- Dwelling House - non urban area KEY ISSUES: minimum lot size (SEPP 1 Objection) amenity separation distance LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Kiama Local Environment Plan 1996 CASES CITED: DATES OF HEARING: 22 and 23 September 2003 DATE OF JUDGMENT: 11/05/2003

Applicant: Mr I Hemmings, barrister

LEGAL REPRESENTATIVES: Respondent: Mr P Moggah, solicitor Kearns and Garside

JUDGMENT:

10287 of 2003

Hussey C

5 November 2003

TWC Consulting Pty Ltd v Kiama Municipal Council

Judgment

Background 1 This matter involves an appeal under s 97 of the Environmental Planning and Assessment Act against council's refusal of a development application for the erection of a dwelling house on a non-urban lot at No. 1025 Jamberoo Road, Curramore.

2 The site is an existing lot, which is significantly below the minimum area of 40 ha specified in the controls for the erection of a dwelling house, in this zone.

3 For the appeal a number of issues were identified and some of these addressed prior to the hearing. The outstanding issues can be conveniently summarised as: * Non-compliance with the minimum area development standard contained in cl 11 ( 3) (a) of the Kiama Local Environmental Plan, requiring determination of a SEPP 1 objection. * Compliance with the Local Environmental Plan objectives for non-urban land. * Impact on adjoining land. * Precedential/cumulative impact.