NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Lonergan v Byron Shire Council [2008] NSWLEC 1159
APPLICANT Chris Lonergan PARTIES : RESPONDENT Byron Shire Council
FILE NUMBER(S) : 10011 of 2008
CORAM: Brown C
KEY ISSUES: Development Application :- subdivision - SEPP 1 objection to lot size
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 1
Thompson v His Honour Judge Byrne& Anor 196 CLR 141 CASES CITED: Mills v Meeking & Another (1990) 169 CLR 214 Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 Wehbe v Pittwater Council [2007] 156 LGERA 446
DATES OF HEARING: 17, 24/04/08
DATE OF JUDGMENT: 1 May 2008
APPLICANT Mr G Williams, solicitor SOLICITORS Thompson Norrie LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
1 May 2008
10011 of 2008 Chris Lonergan v Byron Shire Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA 10.2007.636.1 by Byron Shire Council (the council) for the subdivision of 24 Balraith Lane, Ewingsdale (the site) into 2 lots.
2 The principal issue in proceedings was whether an objection under State Environmental Planning Policy No 1 - Development Standards (SEPP 1) was well founded, as the size of the proposed lots did not satisfy the council's standards for subdivision in rural areas. The site and surrounding area 3 The site is Lot 3 in DP 582689. It is an irregular shaped lot with a total area of 2.029 ha. The site is largely cleared of vegetation with the exception of a gully that transects the site and the higher slopes towards the south-western and southern boundaries. The gully has slopes of up to 27% on both sides. The site generally slopes from the southernmost point of the site to Balraith Lane with a slopes varying between 10% and 20%. An existing dwelling is located towards the southern part of the site with access from a sealed driveway from Balraith Lane.
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