Costello v Bathurst Regional Council [2017] NSWLEC 1195

Land and Environment Court New South Wales

Medium Neutral Citation: Costello v Bathurst Regional Council [2017] NSWLEC 1195 Hearing dates: 10 April 2017 Date of orders: 20 April 2017 Decision date: 20 April 2017 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: dual occupancy development; minimum lot size Legislation Cited: Environmental Planning and Assessment Act 1979; Land and Environment Court Act 1979; Bathurst Regional Local Environmental Plan 2014; Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827; Parris v Randwick City Council [2016] NSWLEC 1507 Texts Cited: Bathurst Regional Development Control Plan 2014 Category: Principal judgment Parties: Luke Costello (Applicant)

Bathurst Regional Council (Respondent) Representation: Counsel: Mr C McEwan SC (Applicant)

Solicitors: Mr P Crennan Crennan Legal (Respondent) File Number(s): 23597/2017 Publication restriction: No

Judgment 1. Mr Costello lodged Development Application 2016/240 with Bathurst Regional Council on 17 July 2018 seeking consent for residential dual occupancy development and 2 lot subdivision. 2. The council resolved to refuse consent on 21 September 2016 and Mr Costello is appealing that decision pursuant to the provisions of s97(1) of the Environmental Planning and Assessment Act 1979 (EP&AAct).

The site and its context 1. The application relates to land known as 40 Governors Parade Windradyne and is located on the north eastern corner with Colville Street. It is legally described as Lot 1124 in DP 1215618 and has a frontage of 17m and 40m to each street respectively with a 5m splay at the intersection and site area of 789.4m2. The land falls from the east to west towards Governors Parade with a level difference of approximately 3.5m. 2. The site is located at the south western extremity of a new subdivision with recent housing constructed to the north and east of the site. Land opposite is zoned for recreation purposes and performs a drainage function including Sawpit Creek. Development in the vicinity of the site is primarily single storey detached dwelling houses with some dual occupancy development.