Roberts v Gloucester Shire Council [2007] NSWLEC 407

Land and Environment Court of New South Wales

CITATION : Roberts v Gloucester Shire Council [2007] NSWLEC 407

APPLICANT Colin Spencer Roberts PARTIES : RESPONDENT Gloucester Shire Council

FILE NUMBER(S) : 10281 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- condition imposed on the approval for the subdivision of land - removal of concessional lot - whether concessional lot provisions apply - acess/safety - agricultural viability

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Gloucester Local Environmental Plan 2000

CASES CITED: Ku Ring Gai Municipal Council v Kuttner [1980] 41 LGRA 1

DATES OF HEARING: 2/07/07

DATE OF JUDGMENT: 6 July 2007

APPLICANT Mr B Barlow, solicitor SOLICITORS Bowen-Thomas & Barlow LEGAL REPRESENTATIVES: RESPONDENT Mrs L Finn, solicitor SOLICITORS Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

6 July 2007

10281 of 2007 Colin Spencer Roberts v Gloucester Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against a condition imposed on the approval of DA 2006/1379 by Gloucester Shire Council (the council) for the subdivision of land at 1330 Thunderbolts Way Gloucester (the site).

2 The proceedings were heard as a S34 Conference on 2 July 2007. The parties consented to the proceedings being disposed without a further hearing in accordance with s 34(3)(b)(ii) of the Land and Environment Court Act 1979. The site 3 The site is Lot 50 in DP 1072553. It has an area of 221.9 ha with frontages to both Thunderbolts Way and Bowman Farm Road. The site contains an existing dwelling and out buildings and is used predominantly for the grazing of animals. The condition in dispute 4 DA 2006/1379 sought the subdivision of the site into 3 lots. Lot 52 has an area of 117.2 ha, Lot 53 was has an area of 5.3 ha (the concessional lot) and Lot 54 has an area of 100.2 ha (see Attachment 1). Council approved the subdivision on 17 January 2007 subject to 8 conditions. The condition in dispute is condition 2. This condition deletes Lot 53 and states: 2. The proposed concessional lot indicated, as Lot 53 on the submitted plans was not approved by council has per resolution 11/07 which states: