Dasey v North Sydney Council [1999] NSWLEC 234

Dasey v North Sydney Council [1999] NSWLEC 234

The Commissioner did not err in law because her construction of 'material' as used in clause 13(2) of the LEP was a question of fact, permissibly determined with reference to a dictionary, and her findings were supported by evidence and consistent with statutory requirements; therefore, the appeal fails.

Parties
Applicant: Diana Dasey; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
07 October 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Development Consent, Building Height Plane, Error of Law
Planning Law Environmental Law Statutory Interpretation Development Consent Building Height Plane Error of Law

Case Brief

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Parties

Diana Dasey

Applicant

North Sydney Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Commissioner misdirected herself as to the meaning of 'material' in clause 13(2) of the North Sydney Local Environmental Plan 1989
  2. 2 Whether such misdirection constitutes an error of law under s 56A of the Land and Environment Court Act 1979

Ratio Decidendi

The Commissioner did not err in law because her construction of 'material' as used in clause 13(2) of the LEP was a question of fact, permissibly determined with reference to a dictionary, and her findings were supported by evidence and consistent with statutory requirements; therefore, the appeal fails.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The respondent must pay the costs of the applicant as agreed or as assessed.