Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279

Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279

Although the 2001 LEP must be notionally regarded as certain and imminent, the savings clause permits assessment of the application for consent. The expert evidence supports that the proposed development is compatible with the character of the neighbourhood and the planning objectives, is permissible under the 1989 LEP, and is not antipathetic to aims or objectives of 2001 LEP. Therefore, consent is appropriate.

Jurisdiction
Australia
Judgment Date
07 December 2001
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
['development Consent' 'local Environmental Plans' 'heritage and Conservation' 'weight of Draft Planning Instruments']
['planning and Environment Law'] ['development Consent' 'local Environmental Plans' 'heritage and Conservation' 'weight of Draft Planning Instruments']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition and construction of an apartment building given prohibition under the 2001 LEP' 'What weight should be attributed to the 2001 LEP and its prohibition' 'Proper construction of clause 5(3) of LEP 2001 and its effect on the application']

Ratio Decidendi

Although the 2001 LEP must be notionally regarded as certain and imminent, the savings clause permits assessment of the application for consent. The expert evidence supports that the proposed development is compatible with the character of the neighbourhood and the planning objectives, is permissible under the 1989 LEP, and is not antipathetic to aims or objectives of 2001 LEP. Therefore, consent is appropriate.

Court Disposition

appeal allowed

Orders

  • ['The appeal is allowed.' 'Development consent is granted for demolition of the existing building at No. 100 Cremorne Road, Cremorne Point and construction of an apartment building, subject to agreed conditions.' 'The exhibits, other than Exhibit C (the development application plan), may be returned.']