Campbell v Sutherland Shire Council [2018] NSWLEC 1621

Land and Environment Court New South Wales

Medium Neutral Citation: Campbell v Sutherland Shire Council [2018] NSWLEC 1621 Hearing dates: 5 November 2018 Date of orders: 06 November 2018 Decision date: 06 November 2018 Jurisdiction: Class 1 Before: Dixon SC Decision: The appeal is dismissed. Catchwords: SUBDIVISION: development application for 2 lot subdivision – minimum lot size – hatchet-shaped allotment Legislation Cited: Sutherland Shire Local Environment Plan 2015 Cases Cited: Kelly v Sutherland Shire Council [2006] NSWLEC 735 Category: Principal judgment Parties: Chris Campbell (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant)

Solicitors: Planning Law Solutions (Applicant) J Amy, Sutherland Shire Council (Respondent) File Number(s): 2018/134995 Publication restriction: No

Ex TEMPORE Judgment

COMMISSIONER 1. The applicant, Chris Campbell, seeks development consent to subdivide his property at 58 Boundary Road, Heathcote into two Torrens title allotments (the Site). 2. The application (DA 17/1473) can be understood from the plan prepared by Cooper & Richards Surveyors dated 21 March 2017 and the aerial photograph below. 1. They show Proposed Lot 1 (with a land size of 550m2) accessed from Lunar Avenue and Proposed Lot 2 (with a land size of 513m2) accessed from Boundary Road. 2. The site is located within the E4 Environmental Living zone under the Sutherland Local Environmental Plan 2015 (LEP). Subdivision is permissible within the E4 zone provided there is compliance with the minimum lot size provisions of the LEP.