NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Lollback v The Hills Shire Council [2011] NSWLEC 1345 Hearing dates: 9 May 2011 Decision date: 09 May 2011 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is dismissed. (2)The State Environmental Planning Policy No1- Development Standards objection to the development standard in cl18 (1)(b) of the Baulkham Hills Local Environmental Plan 2005 is not upheld. (3)Development application (DA 889/2009/ZB) for two-lot subdivision of Lot 160, DP 771416, 5 Clarke Road Kenthurst is determined by refusal. (4)The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION - subdivision - parcel composed of two parts, which are severed by a public road, SEPP1 objection to compliance with the development standard for minimum lot size, undesirable precedent within the locality Legislation Cited: Environmental Planning and Assessment Act 1979 Baulkham Hills Local Environmental Plan 2005 State Environmental Planning Policy No1- Development Standards Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Winton Property Group Limited v North Sydney Council [2001] NSWLEC 46 Category: Principal judgment Parties: Robert Leslie Lollback & Lynn Adele Lollback (Applicants)
The Hills Shire Council (Respondent) Representation: Mr H Robilliard, solicitor of Robilliard Lawyers (Applicants)
Mr C Winn, solicitor of The Hills Shire Council (Respondent) File Number(s): 10093 of 2011
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