Morphett v Penrith City Council [2009] NSWLEC 1160

Land and Environment Court of New South Wales

CITATION : Morphett v Penrith City Council [2009] NSWLEC 1160

APPLICANT Barry Morphett and Judith Morphett PARTIES : RESPONDENT Penrith City Council

FILE NUMBER(S) : 11110 of 2008

CORAM: Hoffman AC

KEY ISSUES: DEEMED REFUSAL :- Subdivision - to turn an existing house lot into 3 lots

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Penrith Local Environmental Plan 1998 Urban Land Penrith Development Control Plan 2006

DATES OF HEARING: 20 April 2009

DATE OF JUDGMENT: 26 May 2009

APPLICANT Ms J Reid (solicitor) SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Ms K Poulos (barrister) INSTRUCTED BY Penrith City Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman A/C

26 May 2009

11110 of 2008 Barry Morphett and Judith Morphett v Penrith City Council

JUDGMENT 1 Commissioner: This is a class 1 Appeal No. 11110 of 2008 between Barry and Judith Morphett and Penrith Council in regard to the deemed refusal of a subdivision application DA08/0969 to turn their existing house lot into 3 lots. The property is Lot 1811 DP 1123236 known as No.12 Forbes Street, Emu Plains. The area is a detached housing subdivision on the west side of the Nepean River.

2 The existing house and swim pool would be on proposed Lot 1 of 1011 sq m facing Forbes St; the other two lots would front McLean Street. Proposed Lot 2 is 842 sq m with a frontage of 12.85 m fanning out to 20.115 m at the rear. Proposed Lot 3 is 974 sq m with a frontage of 12.85 m fanning out to a rear boundary of 20.115 m. At the present there is a tennis court and a large lawn area on Lots 2 and 3. There are no significant trees on Lots 2 or 3.