Coombs v Ballina Shire Council [2006] NSWLEC 294

Land and Environment Court of New South Wales

CITATION : Coombs v Ballina Shire Council [2006] NSWLEC 294

APPLICANT: Sharon Coombs PARTIES : RESPONDENT: Ballina Shire Council

FILE NUMBER(S) : 10764 of 2005

CORAM: Lloyd J

KEY ISSUES: Development Application :- dwelling house - minimum allotment size - dwelling entitlement - absence of evidence - question of fact

LEGISLATION CITED: Ballina Local Environmental Plan 1987 cl 12 Interim Development Order No 1 - Shire of Tintenbar

DATES OF HEARING: 03/02/2006

DATE OF JUDGMENT: 05/31/2006

EX TEMPORE JUDGMENT DATE : 02/03/2006

APPLICANT: M H Baird (barrister) SOLICITORS: N/A LEGAL REPRESENTATIVES:

RESPONDENT: D P Wilson (barrister) SOLICITORS: W J Grace & Co

JUDGMENT: - 5 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Lloyd J

Friday, 3 February 2006

LEC No. 10764 of 2006

COOMBS v BALLINA SHIRE COUNCIL [2006] NSWLEC 294

EX TEMPORE JUDGMENT 1 HIS HONOUR: The applicant, Sharon Coombs, has appealed against the council's refusal of a development application to demolish an existing shed and erect a single storey brick residential dwelling and double carport on the land known as lot 7 in deposited plan 113043, Sneesby's Lane, East Wardell within the Shire of Ballina. The land has an area of approximately 809.4 square metres and the proposed development does not satisfy the council's requirement for a minimum allotment size for dwelling houses in the relevant zone. 2 The council refused the development application for a number of reasons including the following: A dwelling entitlement does not exist on the subject allotment pursuant to Clause 12 of the Ballina Local Environmental Plan 1987. 3 The matter comes before me today for the determination of two preliminary or separate questions as follows: