Le Mottee Group Pty Limited v Port Stephens Council [2013] NSWLEC 1210

Land and Environment Court New South Wales

Medium Neutral Citation: Le Mottee Group Pty Limited v Port Stephens Council [2013] NSWLEC 1210 Hearing dates: 29 October 2013 Decision date: 04 November 2013 Jurisdiction: Class 1 Before: Hussey C Decision: Appeal dismissed Catchwords: Subdivision: Character/lot size, wastewater arrangements, stormwater control, precedent. Legislation Cited: Environmental Planning & Assessment Act 1979 Port Stephens Local Environmental Plan 2000 Port Stephens Development Control Plan 2007 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatision and Waterways Management Act 1995 [2002] NSWLEC Category: Principal judgment Parties: Le Mottee Group Pty Limited (Applicant)

Port Stephens Council (Respondent) Representation: Mr T Pickup (Solicitor) (Respondent)

Mr P Le Mottee (Applicant in person) (Applicant) Solicitors Local Government Legal (Respondent) File Number(s): 10404 of 2013 Publication restriction: Nil

Judgment

Background 1This appeal was lodged against council's refusal of a development application for a 2 - lot residential subdivision at 7 Morpeth Views, Wallalong. The proposed lots are described as: * Lot 72 - with an area of 1,522 sq m and containing an existing dwelling house * Lot 71 - with an area of 1820 sq m. 2The contentions identified for the appeal are summarised as follows: * The development does not satisfy the zone objectives relative to consistency with the existing subdivision pattern and character of the locality. * Insufficient details of the proposed wastewater arrangements as required by Clause 47 of the LEP. * Insufficient details of the proposed stormwater management arrangements have been provided.