Olsson v Goulburn Mulwaree Council & the Minister Administering The Crown Land Act 1989, Olsson v The Minister Administering The Crown Land Act 1989 [2010] NSWLEC 169

Olsson v Goulburn Mulwaree Council & the Minister Administering The Crown Land Act 1989, Olsson v The Minister Administering The Crown Land Act 1989 [2010] NSWLEC 169

Clause 20 of Mulwaree Local Environmental Plan 1995 permits an additional dwelling-house in the rural 1(a) zone only if it is a rural worker's dwelling-house, which by definition requires a dwelling already erected on the land, and cl 20(2) further requires the additional dwelling-house to be on land on which the principal dwelling-house stands. Because Lot 181 was vacant, the proposed additional dwellings could not be categorised as rural workers' dwellings when consent was sought. The absence of a principal dwelling-house could not be cured by a sequencing condition or by staged development consent.

Jurisdiction
Australia
Judgment Date
17 September 2010
Procedural Posture
Development Appeal in Class 1 Proceedings / Separate Question on Construction of Cl 20 of Mulwaree Local Environmental Plan 1995
Outcome
Separate question answered yes; proceedings stood over; costs reserved.
Legal Topics
['development Consent' "rural Workers' Dwelling Houses" 'permissibility of Development' 'conditional Consent' 'staged Development Applications' 'separate Questions']
['planning and Environment Law' 'statutory Construction' 'civil Procedure'] ['development Consent' "rural Workers' Dwelling Houses" 'permissibility of Development' 'conditional Consent' 'staged Development Applications' 'separate Questions']

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Procedural Posture

Development Appeal in Class 1 Proceedings / Separate Question on Construction of Cl 20 of Mulwaree Local Environmental Plan 1995

Legal Issues

  1. 1 ['Whether cl 20 of Mulwaree Local Environmental Plan 1995 requires a lawfully erected dwelling-house to be standing on Lot 181 before consent may be granted for one or more rural dwellings on that land.' "Whether the context and objectives of the LEP support an interpretation allowing conditional consent for the principal dwelling-house and rural workers' dwelling-houses together." 'Whether the staged development provisions in Div 2A of Pt 4 of the Environmental Planning and Assessment Act 1979 permit consent for the proposed development despite the absence of an existing principal dwelling-house.']

Ratio Decidendi

Clause 20 of Mulwaree Local Environmental Plan 1995 permits an additional dwelling-house in the rural 1(a) zone only if it is a rural worker's dwelling-house, which by definition requires a dwelling already erected on the land, and cl 20(2) further requires the additional dwelling-house to be on land on which the principal dwelling-house stands. Because Lot 181 was vacant, the proposed additional dwellings could not be categorised as rural workers' dwellings when consent was sought. The absence of a principal dwelling-house could not be cured by a sequencing condition or by staged development consent.

Court Disposition

Separate question answered yes; proceedings stood over; costs reserved.

Orders

  • ["Stand over the proceedings to the Registrar's List on 22 September 2010 for the purpose of making orders and giving directions for the further conduct and disposal of the proceedings." 'Costs of hearing of the separate question reserved.']