Napper v Shoalhaven City Council [1988] NSWLEC 109

Land and Environment Court of New South Wales

CITATION : Napper v Shoalhaven City Council [1988] NSWLEC 109 APPLICANT

Stephen John Napper PARTIES : RESPONDANT

Shoalhaven City Council

FILE NUMBER(S) : 40091 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: City of Shoalhaven Local Environmental Plan 1985 CASES CITED: Woollahra Municipal Council v. Carr (Court of Appeal Unreported 23 August l985); WarringahShire Council v.K.V.M Investments ((l98l) DATES OF HEARING: 26/02/1988 DATE OF JUDGMENT: 02/26/1988

APPLICANT Mr. Wilson LEGAL REPRESENTATIVES: RESPONDENT Mr. Davison

JUDGMENT:

JUDGMENT

HIS HONOUR: By an amended Class 4 Application filed in Court on 19 November 1987 the applicant, Stephen John Napper, seeks the following relief:-

"A declaration that Clause 15 (2) of the City of Shoalhaven Local Environmental Plan 1985 which states:-

'The Council shall not consent to the erection of a dwelling house on any land within zone no. l (g) unless the dwelling house is essential for the proper and efficient management of the agricultural use of the land.'

is a development standard in respect of which the applicant may object to compliance pursuant to the provisions of State Environmental Planning Policy No. l in an application for development consent for the erection of a dwelling house upon the land in the schedule hereto."

The subject land is the whole of the land in Certificate of Title Volume 10432 folio 152 being Lot 7 of section 10 in Deposited Plan 9182 and known as 7 Grandview Street, Erowal Bay. The allotment has an area of l0l2m2, a frontage of 20.ll5m and a depth of 50.29m. The applicant purchased the land in January l975 at a public auction of land for overdue rates. The order of sale described Grandview Street as providing very poor access and continued "Council will not permit the building of a dwelling until all weather access is provided". A Village zoning was noted.