BRUCE KINLEY v. WYONG SHIRE COUNCIL [1998] NSWLEC 184 (14 August 1998) [1998] NSWLEC 37

Land and Environment Court of New South Wales

CITATION : BRUCE KINLEY v. WYONG SHIRE COUNCIL [1998] NSWLEC 184 (14 August 1998) [1998] NSWLEC 37 PARTIES : BRUCE KINLEY v. WYONG SHIRE COUNCIL [1998] NSWLEC 184 (14 August 1998) FILE NUMBER(S) : 10786 of 1997 CORAM: Sheahan J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning & Assessment Act 1979 Wyong Local Environmental Plan 1991 CASES CITED: DATES OF HEARING: 28 July 1998 DATE OF JUDGMENT: 08/14/1998

Mr M Macrossan, Barrister LEGAL REPRESENTATIVES: Mr W O'Rourke

JUDGMENT: On 19 February 1998 the parties submitted five questions of law to be answered before the determination of Mr Kinley's appeal against a refusal by the Council of an application he made to subdivide some rural lands into two lots.

In a judgment brought down on 23 April 1998, I set out the relevant history and details of Mr Kinley's subdivision proposal, and answered the five questions.

In short, the applicant wants to create, out of a redefined 2 hectare lot, two blocks, each of 1 hectare. Proposed lot 1132 will be all within zone 7(c) and proposed lot 1131 partially within 7(a) (40%), and 7(c) (60%) under Wyong Local Environmental Plan 1991, as amended ("LEP"). The parties have now submitted a sixth question in the following terms, as agreed and filed on the morning of the hearing on 28 July, 1998:

"Assuming the terms of subclause 15(2) of the Wyong LEP are satisfied, must a subdivision of land partly within zone 7(a) and partly within zone 7(c) also satisfy the conditions of any other provision or provisions in the LEP before it is permissible with consent, and, if so, which provision/s?"