NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Jamison Investments Pty Ltd v Penrith City Council [2009] NSWLEC 1304
APPLICANT Jamison Investments Pty Ltd PARTIES : RESPONDENT Penrith City Council
FILE NUMBER(S) : 10335 of 2009
CORAM: Pearson C
DEVELOPMENT APPLICATION :- dwelling house KEY ISSUES: minimum allotment size SEPP 1 objection
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 1 - Development Standards Sydney Regional Environmental Plan No 13 - Mulgoa Valley Penrith Local Environmental Plan 2002 (Villages of Mulgoa and Wallacia)
Wehbe v Pittwater Council (2007) 156 LGERA 446 CASES CITED: Winten Property Group Ltd v North Sydney Council (2001) 130 LGERA 79 Precise Planning v Wollondilly Shire Council [2005] NSWLEC 283
DATES OF HEARING: 8 and 9 September 2009
DATE OF JUDGMENT: 17 September 2009
APPLICANT Mr A Caughey, agent LEGAL REPRESENTATIVES: RESPONDENT Mr M Fraser, barrister SOLICITORS Mr M Bullivant
JUDGMENT: - 17 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Commissioner Pearson
17 September 2009
10335 of 2009 Jamison Investments Pty Ltd v Penrith City Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Penrith City Council (the council) of development application 09/0314 for the construction of a single-storey dwelling on lots 21, 22, 23 and 24 DP 2721, No 341a Littlefields Road Mulgoa (the site). 2 Lots 21-24 are four of 34 lots in DP 2721, all of which are owned by Jamison Investments Pty Ltd (the applicant). The 34 lots range in size from 486 sq m to 644 sq m, and the total area is 1.85ha. The combined area of the four lots which are the subject of the application is 2,439 sq m. Because this is less than the 10ha specified as the minimum lot size for the erection of a dwelling house by cl 14(2) of the Sydney Regional Environmental Plan No 13- Mulgoa Valley (SREP 13), the development application was accompanied by an objection made under State Environmental Planning Policy No 1 – Development Standards (SEPP 1).
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