50 Burchmore Road Pty Ltd v Warringah Council [No 1] [2003] NSWLEC 394

The maximum housing density of one dwelling per 600 square metres does not apply to land equal to or greater than 3000 square metres. Accordingly, the present application is permissible as all owners have consented and the area is greater than 3000 square metres.

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 03 December 2003
Procedural Posture: Application for Development Approval / Determination of Preliminary Legal Issue
Outcome: Application ruled permissible; matter may proceed
Legal Topics: ['construction and Interpretation of Planning Instruments' 'housing Density Controls' 'exemptions to Local Environmental Plan']

['planning Law' 'environmental Law'] ['construction and Interpretation of Planning Instruments' 'housing Density Controls' 'exemptions to Local Environmental Plan']

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Procedural Posture

Application for Development Approval / Determination of Preliminary Legal Issue

Legal Issues

1 ['Interpretation of housing density exemption in Warringah Local Environmental Plan 2000' 'Whether development application permissible on land greater than 3000 square metres' 'Application of statutory interpretation principles to planning controls']

Ratio Decidendi

Court Disposition

Application ruled permissible; matter may proceed

Orders

['The present application is permissible on the land covered by the application notwithstanding that it is in separate ownership as all owners have given their consent and the application is for an area of land greater than 3000 square metres.']

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