Paul Lemottee Project Management Pty Ltd v Port Stephens Council [2009] NSWLEC 1176

Land and Environment Court of New South Wales

CITATION : Paul Lemottee Project Management Pty Ltd v Port Stephens Council [2009] NSWLEC 1176

APPLICANT Paul Lemottee Project Management Pty Ltd PARTIES : RESPONDENT Port Stephens Council

FILE NUMBER(S) : 10300 of 2008

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Residential subdivision, interim access road, drainage, orderly development.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hunter Region Environmental Plan Port Stephens Local Environmental Plan 2000

DATES OF HEARING: 13, 14 and 15 May 2009

DATE OF JUDGMENT: 5 June 2009

APPLICANT Mr R Mallik (Solicitor) SOLICITOR Mallik Rees Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr M Fraser (Barrister) SOLICITOR Harris Wheeler Lawyer

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

5 June 2009

10300 of 2008 Paul Lemottee Project Management Pty Ltd v Port Stephens Council

JUDGMENT Background 1 This appeal was lodged against council's refusal of a development application for a 6 lot Torrens title subdivision at 103A Richardson Road, Raymond Terrace. The proposed access to the subdivision is via an existing right-of-way (ROW) from Richardson Road.

2 The following issues were identified for the appeal: o Suitability of the proposed access. o Acceptability of the proposed drainage system in terms of its consistency with council's drainage study and the proposed drainage works. o Servicing arrangements. o Whether the development represents orderly development of the land. 3 This subdivision is a subsequent stage of the original allotment fronting Richardson Road. Back in 1987 a DCP was adopted, which provided for the subdivision of this land and adjoining land basically 2 stages. The 1st stage allowed the excision of the frontage lot and the creation of a new rear lot, subject to the creation/dedication of an intermediate 20m wide strip of land for the future extension and construction of Halloran Way. "Temporary" access to the rear lot was allowed via various ROW over the frontage properties. The 2nd stage appears to have envisaged the further subdivision of either, or both of the 1st stage lots, at which time the property owners would co-operatively construct the main access road – Halloran Way and connect it to Lake View Crescent, thereby extinguishing the multiple ROWs.