Creighton v Sutherland Shire Council [2001] NSWLEC 190

Creighton v Sutherland Shire Council [2001] NSWLEC 190

The council's construction was correct: the foreshore building line is measured from the mean high water mark as shown on the deposited plan for any relevant allotment having frontage to the mean high water mark. A construction producing two non-intersecting foreshore building lines would be irrational or absurd, and inconsistent with the definition's reference to a single line that is parallel to the mean high water mark.

Jurisdiction
Australia
Judgment Date
15 May 2001
Procedural Posture
Appeal Against Deemed Refusal of a Development Application for a Dwelling House / Preliminary Question of Law; Ex Tempore Judgment
Outcome
The preliminary question of law was resolved in favour of the respondent council's preferred construction of cl 14A(2).
Legal Topics
['foreshore Building Line' 'mean High Water Mark' 'development Control' 'sutherland Shire Local Environmental Plan 1993 Cl 14 A']
['planning and Environment' 'statutory Interpretation'] ['foreshore Building Line' 'mean High Water Mark' 'development Control' 'sutherland Shire Local Environmental Plan 1993 Cl 14 A']

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Procedural Posture

Appeal Against Deemed Refusal of a Development Application for a Dwelling House / Preliminary Question of Law; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether, on the proper interpretation of Sutherland Shire Local Environmental Plan 1993 cl 14A(2), the foreshore building line is measured from the mean high water mark of tidal water as shown on the deposited plan for any relevant allotments as at 24 April 1980, or from the mean high water mark on the deposited plan for the individual allotment the subject of the development application.']

Ratio Decidendi

The council's construction was correct: the foreshore building line is measured from the mean high water mark as shown on the deposited plan for any relevant allotment having frontage to the mean high water mark. A construction producing two non-intersecting foreshore building lines would be irrational or absurd, and inconsistent with the definition's reference to a single line that is parallel to the mean high water mark.

Court Disposition

The preliminary question of law was resolved in favour of the respondent council's preferred construction of cl 14A(2).

Orders

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