Bowen v Willoughby City Council [2001] NSWLEC 274

Bowen v Willoughby City Council [2001] NSWLEC 274

Clause 16(3) of the Willoughby Local Environmental Plan 1995 absolutely prohibits the erection of dwelling-houses on allotments wholly located on the foreshore side of the foreshore building line. Such a blanket prohibition (apart from exceptions not relevant here) is not a development standard and cannot be varied by SEPP No 1. Consequently, as all three rear lots in the proposed subdivision fall wholly below the foreshore building line, development consent for their creation must be refused. The applicants' SEPP No 1 objection is not well founded as the proposed development conflicts with the objectives of the foreshore building line and relevant planning instruments; any argument of...

Jurisdiction
Australia
Judgment Date
04 December 2001
Procedural Posture
Development Appeal / Judgment Following Full Hearing
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['development Application' 'foreshore Building Line' 'environmental Planning and Assessment Act 1979' 'sepp No 1 Objections' 'local Environmental Plans' 'refusal of Development Consent']
['environmental Law' 'planning Law'] ['development Application' 'foreshore Building Line' 'environmental Planning and Assessment Act 1979' 'sepp No 1 Objections' 'local Environmental Plans' 'refusal of Development Consent']

Case Brief

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Procedural Posture

Development Appeal / Judgment Following Full Hearing

Legal Issues

  1. 1 ['Whether development by the erection of a dwelling-house on each of the three rear lots wholly located on the foreshore side of the foreshore building line created by the LEP is absolutely prohibited development' "Whether the applicants' objection under SEPP No 1 is well founded" 'Whether, if SEPP No 1 objection succeeded, development should be approved on planning merits']

Ratio Decidendi

Clause 16(3) of the Willoughby Local Environmental Plan 1995 absolutely prohibits the erection of dwelling-houses on allotments wholly located on the foreshore side of the foreshore building line. Such a blanket prohibition (apart from exceptions not relevant here) is not a development standard and cannot be varied by SEPP No 1. Consequently, as all three rear lots in the proposed subdivision fall wholly below the foreshore building line, development consent for their creation must be refused. The applicants' SEPP No 1 objection is not well founded as the proposed development conflicts with the objectives of the foreshore building line and relevant planning instruments; any argument of...

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['Appeal dismissed.' 'Development consent refused.' 'Exhibits be returned.' 'No order as to costs.']