O'Neill v Yarrowlumla Shire Council [1989] NSWLEC 181

Land and Environment Court of New South Wales

CITATION : O'Neill v Yarrowlumla Shire Council [1989] NSWLEC 181 APPLICANT O'Neill PARTIES : RESPONDENT Yarrowlumba Shire Council FILE NUMBER(S) : 10684 of 1988 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Interpretation Act 1987 CASES CITED: Sim Poh Amalgamated (HK) Limited v The Attorney-General & Anor 1965 1AER 225. DATES OF HEARING: 16/12/88 DATE OF JUDGMENT: 05/01/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: On 16 June 1987, Mr O'Neill made application to the Yarrowlumla Shire Council for development consent to subdivide approximately 743.6ha of land being portions 22 and 23 in the Shire of Yarrlowlumla Parish of Clive County of Buccleuch and being the whole of the land comprised in Certificates of Title Volume 15357 Folio 35 and Volume 15232 Folio 46.

The application was amended and in its amended form was considered by the Council and refused by Notice of Determination on 27 October 1988. The stated ground of refusal was that the proposed development was prohibited under the provisions of the Yarrowlumla Local Environmental Plan 1986.

The applicant appealed to the Court on 16 December 1988. The application before the Council was to subdivide the subject land into eighteen allotments of approximately 40ha each. At the hearing, I was invited to consider an amended plan which proposed a subdivision into twelve allotments, six of which were less than 80ha and six were being 80 ha or more. The amended subdivision plan for which development consent is now sought has been before Council. It is agreed by the Council that if the special provisions of the LEP permit, development consent should be granted to the application.