Clarke v Shoalhaven City Council [2020] NSWLEC 1085

Land and Environment Court New South Wales

Medium Neutral Citation: Clarke v Shoalhaven City Council [2020] NSWLEC 1085 Hearing dates: 13 and 14 November 2019 Date of orders: 28 February 2020 Decision date: 28 February 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application DA2018/1318 for the subdivision of one lot into two lots for the commercial purpose of an animal (equine) breeding and training facility at 19 Bong Bong Road, Berry, is determined by refusal. (3) The exhibits are returned, with the exception of Exhibits E, H and 1. Catchwords: DEVELOPMENT APPLICATION – subdivision of land – exception to minimum lot size provisions of Shoalhaven LEP – whether clauses that provide exceptions to minimum lot size provisions can be read independently – whether owner's intention to retire and succession plans establish that subdivision is necessary for the on-going operation of a permissible use Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Shoalhaven Local Environment Plan 2014 State Environmental Planning Policy (Rural Lands) 2008 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Maschewski v Murray Shire Council [2015] NSWLEC 1251 Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: Grant Clarke (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: M Mantei (Solicitor) (Applicant) A Bradbury (Solicitor) (Respondent)