Adams v Uralla Shire Council [2012] NSWLEC 1139

Land and Environment Court New South Wales

Medium Neutral Citation: Adams v Uralla Shire Council [2012] NSWLEC 1139 Hearing dates: 16 April 2012 Decision date: 30 May 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The SEPP 1 objection to the minimum lot size development standard in cl 15(1) of LEP 1988 is not well founded. 2. The appeal is dismissed. 3. Development Application DA-58-2011 for the subdivision of 80 Gostwyck Road, Uralla into 4 lots is refused. 4. The exhibits are returned with the exception of exhibit A. Catchwords: DEVELOPMENT APPLICATION: subdivision - breach of minimum lot size - whether SEPP 1 objection well founded Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No.1 Uralla Local Environmental Plan 1998 Uralla Local Environmental Plan 2012 Cases Cited: Wehbe v Pittwater Council [2007] 156 LGERA 446 Category: Principal judgment Parties: Michael Adams and Kylie Adams (Applicants) Uralla Shire Council (Respondent) Representation: Mr C Gough, solicitor (Applicants) Mr M Bonanno, solicitor (Respondent) Solicitors Storey & Gough (Applicants) Lindsay Taylor Lawyers (Respondent) File Number(s): 11187 of 2011

Judgment 1ACTING SENIOR COMMISSIONER: This is an appeal against the refusal by Uralla Shire Council of Development Application DA-58-2011 for the subdivision of 80 Gostwyck Road (corner of Sandon Close), Uralla (the site) into 4 lots. 2The site is rectangular with a 118.96 m frontage to Gostwyck Road, a frontage of 217.91 m to Sandon Close (including part of an unformed road) and a total area of 2,517 sq m. The site is level and contains a dwelling house and shed. An existing sewer line services the site and runs in a east-west direction around the centre of the site. Town water is also available to the site. 3The contentions raised by the council are: * the proposed lots do not satisfy the minimum lot size for the site under the applicable planning controls and the objection under State Environmental Planning Policy No.1 - Development Standards (SEPP 1) is not well founded, * the proposed lots do not satisfy the minimum lot size for the site under the council draft local environmental plan, and * the proposed subdivision will cause conflict between the existing and adjoining rural land uses and the likely rural/ residential use of the proposed lots.