CATHERINE MARGARET ARMITAGE v. WARRINGAH COUNCIL [1998] NSWLEC 74 (18 February 1998) [1998] NSWLEC 44

CATHERINE MARGARET ARMITAGE v. WARRINGAH COUNCIL [1998] NSWLEC 74 (18 February 1998) [1998] NSWLEC 44

Because Lot 2 was created by subdivision under pt 3 of SEPP 25, cl 23 of pt 4 imposed an obligation to obtain council consent before carrying out development on that land for the purposes of a dwelling or dwelling-house. That obligation accrued under SEPP 25 and continued to subsist by operation of Environmental Planning and Assessment Act 1979 s 34(4) despite the repeal of SEPP 25. Development consent was therefore required.

Jurisdiction
Australia
Judgment Date
18 February 1998
Procedural Posture
Class 2 Proceedings / Determination of a Preliminary Question of Law
Outcome
Preliminary question answered in the affirmative: development consent is required for the construction of a new dwelling house on Lot 2, DP 855154, 6A Tanderra Place, Curl Curl.
Legal Topics
['development Consent' 'subdivision Under State Environmental Planning Policy No 25' 'dual Occupancy Development' 'effect of Repeal of Environmental Planning Instrument' 'environmental Planning and Assessment Act 1979 S 34(4)']
['environmental and Planning Law' 'local Government Law'] ['development Consent' 'subdivision Under State Environmental Planning Policy No 25' 'dual Occupancy Development' 'effect of Repeal of Environmental Planning Instrument' 'environmental Planning and Assessment Act 1979 S 34(4)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 2 Proceedings / Determination of a Preliminary Question of Law

Legal Issues

  1. 1 ['Whether development consent is required for the construction of a new dwelling house on Lot 2, DP 855154, 6A Tanderra Place, Curl Curl.' 'Whether an obligation to obtain development consent under pt 4 of State Environmental Planning Policy No 25 continued to apply after repeal by operation of Environmental Planning and Assessment Act 1979 s 34(4).']

Ratio Decidendi

Because Lot 2 was created by subdivision under pt 3 of SEPP 25, cl 23 of pt 4 imposed an obligation to obtain council consent before carrying out development on that land for the purposes of a dwelling or dwelling-house. That obligation accrued under SEPP 25 and continued to subsist by operation of Environmental Planning and Assessment Act 1979 s 34(4) despite the repeal of SEPP 25. Development consent was therefore required.

Court Disposition

Preliminary question answered in the affirmative: development consent is required for the construction of a new dwelling house on Lot 2, DP 855154, 6A Tanderra Place, Curl Curl.

Orders

  • ['Yes, development consent is required for the construction of a new dwelling house on Lot 2, DP 855154, 6A Tanderra Place, Curl Curl.' 'The exhibits may be returned.' 'No order as to costs.']