Nooramunga Holdings Pty Ltd v Gosford Shire Council [1988] NSWLEC 160

Land and Environment Court of New South Wales

CITATION : Nooramunga Holdings Pty Ltd v Gosford Shire Council [1988] NSWLEC 160 APPLICANT Nooramunga Holdings Pty Ltd PARTIES : RESPONDENT Gosford Shire Council

FILE NUMBER(S) : 10529 of 1987 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act CASES CITED: Warringah Shire Council v. Rippledeen ((l973) DATES OF HEARING: DATE OF JUDGMENT: 03/02/1988

APPLICANT LEGAL REPRESENTATIVES: Mr. Draper

JUDGMENT:

HIS HONOUR: This is an appeal in respect of the Council's refusal to consent to the subdivision of Lot 4 Deposited Plan 6227, Section l, Scenic Highway, Terrigal, into 2 lots. The application was refused on the basis of non-compliance with clause 26(2)(c) of the Gosford Planning Scheme Ordinance (the PSO) and the Council's subdivision code.

The site has an area of 999m2 and is on the eastern side of the Scenic Highway, Terrigal. To the east the land adjoins a public reserve. The land is cleared and the rear half has a slope of generally l in 5 towards the east. A 2 storey brick residence stands on the front portion of the land and fronts Scenic Highway.

At the time of the application to Council, and Council's consideration of it, the land was zoned residential 2(a2) under the PSO. However, the Planning Scheme was extensively amended by the Gosford Local Environmental Plan No. 200 gazetted on l2 February l988, a few days before the hearing of the appeal. Under this Plan all the residential zonings, 2(al) to 2(a6) inclusive, have been amalgamated into a new zoning - Residential 2(a). There is some significance in the zoning which I will consider later when addressing the arguments concerning the application of State Environmental Planning Policy No. 25 - Residential Allotment Sizes (SEPP 25).