Rooke v Great Lakes Council [2007] NSWLEC 689

Land and Environment Court of New South Wales

CITATION : Rooke v Great Lakes Council [2007] NSWLEC 689

APPLICANT Jarrod Rooke PARTIES : RESPONDENT Great Lakes Council

FILE NUMBER(S) : 10085 of 2007

CORAM: Brown C

KEY ISSUES: Appeal :- subdivision of an existing lot into two lots and the erection of a dwelling on a new lot - SEPP 1 objection to minimum lot size - precedent

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Great Lakes Local Environmental Plan 1996 State Environmental Planning Policy No 1

CASES CITED: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46; Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75

DATES OF HEARING: 19/09/07

DATE OF JUDGMENT: 23 October 2007

APPLICANT Mr P Tomasetti SC SOLICITORS D C Balog & Associates

LEGAL REPRESENTATIVES: RESPONDENT Mr I Hemmings, barrister SOLICITORS Mallik Rees Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

23 October 2007

10085 of 2007 Jarrod Rooke v Great Lakes Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application 1098/2005 by Great Lakes Council (the council) for the subdivision of an existing lot into two lots and the erection of a dwelling on a new lot at 259 Cape Hawke Drive, Forster (the site). The site 2 The site is Lot 14 in DP 262992. It is irregularly shaped and effectively consists of two sections with only a narrow area of land joining the two sections. The northern boundary extends 304.1 m in three sections, the southern boundary has a length of 309.7 m and follows Cape Hawke Drive, the western boundary has a length of 124.22 m and the eastern boundary has a length of 40 m. The total site area is 1.404 ha.