Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17:

1. Tony and David Vollmer own a rural property in Wallalong that stretches between the town and the Patterson River. The property consists of two lots: a large lot of 96.61ha (Lot 579 DP 1209777), and a small lot of 4,491.56m2 within it (Lot 580 DP 1160616) (figure 3). The smaller lot is irregular in shape, and is landlocked within the site towards the north-western corner, accessed by a right of carriageway leading from Clarence Street to its east. The Vollmers wish to change this pattern of subdivision by moving the smaller Lot 580 some 140m to the far eastern edge of Lot 579, and altering its shape and size (figures 1 and 2).

2. In a conciliation conference prior to this hearing, the majority of issues in contention between the applicant Vollmers and the respondent Port Stephens Council were resolved. The remaining issues that are the subject of this hearing are whether the consent authority has power under the Port Stephens Local Environmental Plan 2013 (PSLEP) to grant consent to this subdivision, and subsequently, whether the proposed development meets the requirements of cl 4.1E of the PSLEP.

3. The proposed lots are as follows:

1) Proposed Lot 1: 4000m2 in area, rectangular in shape, with regular dimensions of 90 x 50m. This proposed lot is vacant of any structures, and will have direct frontage to Clarence St on its eastern boundary (figures 1 and 2)

2) Proposed Lot 2: 96.65ha in area, retaining the existing farm buildings and existing external boundaries, with the exception of the corner where it is modified by proposed Lot 1 (figure 1)

4. The land, which is zoned RU1 Primary Production under the PSLEP, is subject to development controls that limit the minimum lot size under PSLEP cl 4.1 to 40ha. As proposed Lot 1 is 4000m2, it falls short of the minimum lot size requirement by 90%. Subsequently, the only potential path for the proposed 2-into-2 lot subdivision to be permitted is by way of application of PSLEP cl 4.1E, which permits boundary adjustments of and in certain rural, residential and conservation zones.

5. The issue between the parties is one of statutory interpretation of cl 4.1E, and whether the proposed subdivision can be considered a boundary adjustment between adjoining lots, and therefore whether there is power to grant consent to the application.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19775da896e95102d4c796da)

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