Short v Clarence Valley Council [2008] NSWLEC 1298

Land and Environment Court of New South Wales

CITATION : Short v Clarence Valley Council [2008] NSWLEC 1298

APPLICANT Samuel Douglas Short PARTIES : RESPONDENT Clarence Valley Council

FILE NUMBER(S) : 10275 of 2008

CORAM: Murrell C

KEY ISSUES: Development Application :- SEPP 1, Minimum subdivision size of 40ha in Rural 1(b) zone.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 1 Copmanhurst Local Environmental Plan 1990

CASES CITED: Wehbe v Pittwater Council [2007] NSWLEC 827

DATES OF HEARING: 06/06/2008

EX TEMPORE JUDGMENT DATE : 6 June 2008

APPLICANT Mr R. Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr S. Priestley, solicitor of Pickering Priestley

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

6 June 2008

10275 of 2008 Samuel Douglas Short v Clarence Valley Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 These proceedings commenced on site as a s.34 conciliation conference but no agreement was reached. The parties consented to me determining the matter and the following is my judgment in accordance with s.34(4).

2 The applicant in these proceedings, Mr Short, is seeking to consolidate a number of small lots in an old paper subdivision and create a small parcel of land of some 2.3 hectares with a building entitlement. This land is within the rural property owned by Mr Short. The total size of the property is approximately 52 hectares with 8 hectares adjoining in road reservations. The general locality is known as Lower Southgate.