DANZEY v SHAI-HEE [1988] NSWCA 33
The basement area constitutes a single storey under CL35, as it is defined by cubic space enclosed between the same upper boundary, despite differences in floor levels, and the Board, as delegate, possessed implied authority to exercise relevant discretions without need for a decision 'by resolution'.
- Parties
- Appellant: DanZey; Respondent: Shai-Hee; Intervenor: Waverley Council
- Jurisdiction
- Australia
- Judgment Date
- 07 October 1988
- Procedural Posture
- Class 4 Proceeding / Appeal From Land and Environment Court Decision
- Outcome
- appeal dismissed with costs
- Legal Topics
- Interpretation of Interim Development Order No 1 Clause 35, Meaning of 'storey' in Planning Instruments, Delegation of Authority Under Local Government Act
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
DanZey
Appellant
Shai-Hee
Respondent
Waverley Council
Intervenor
Procedural Posture
Class 4 Proceeding / Appeal From Land and Environment Court Decision
Legal Issues
- 1 Whether basement area constitutes more than one storey under CL35
- 2 Whether delegated authority extended to exercise discretions under Ordinance 70, CL11.6(2)(c)Gii)
- 3 Whether the Board's decision must be 'by resolution'
Ratio Decidendi
The basement area constitutes a single storey under CL35, as it is defined by cubic space enclosed between the same upper boundary, despite differences in floor levels, and the Board, as delegate, possessed implied authority to exercise relevant discretions without need for a decision 'by resolution'.
Court Disposition
appeal dismissed with costs
Orders
- appeal dismissed with costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment