Garry Dent V Hastings Council [1999] NSWLEC 9

Garry Dent V Hastings Council [1999] NSWLEC 9

DCP 1998, insofar as it provides a height limit for the subject site, is not inconsistent with the Hastings Local Environmental Plan 1987 because the LEP is silent on height and the DCP is supplying detailed planning controls of the kind contemplated by s 72(1)(a) of the Environmental Planning and Assessment Act 1979. The relevant conformity issue was between the DCP and the LEP, not between the DCP and the REP.

Jurisdiction
Australia
Judgment Date
05 February 1999
Procedural Posture
Class 1 Application Appealing Deemed Refusal of a Development Application / Preliminary Questions of Law Before Merits Hearing
Outcome
Question (a) answered Yes; questions (b) and (c) did not arise; no order as to costs; matter remitted for determination on the merits.
Legal Topics
['development Control Plan Conformity' 'local Environmental Plan' 'regional Environmental Plan' 'height Controls' 'development Application Deemed Refusal']
['planning and Environment Law'] ['development Control Plan Conformity' 'local Environmental Plan' 'regional Environmental Plan' 'height Controls' 'development Application Deemed Refusal']

Case Brief

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Procedural Posture

Class 1 Application Appealing Deemed Refusal of a Development Application / Preliminary Questions of Law Before Merits Hearing

Legal Issues

  1. 1 ['Whether Development Control Plan 20 - 1998 - Port Macquarie Town Centre generally conforms to the provisions of the Hastings Local Environmental Plan 1987.' 'Whether the Court should take Development Control Plan 20 - 1998 into consideration if it did not generally conform to the Hastings Local Environmental Plan 1987.' 'Whether the Court should take Development Control Plan 20 - 1997 into consideration if Development Control Plan 20 - 1998 was not to be considered.']

Ratio Decidendi

DCP 1998, insofar as it provides a height limit for the subject site, is not inconsistent with the Hastings Local Environmental Plan 1987 because the LEP is silent on height and the DCP is supplying detailed planning controls of the kind contemplated by s 72(1)(a) of the Environmental Planning and Assessment Act 1979. The relevant conformity issue was between the DCP and the LEP, not between the DCP and the REP.

Court Disposition

Question (a) answered Yes; questions (b) and (c) did not arise; no order as to costs; matter remitted for determination on the merits.

Orders

  • ['Development Control Plan 20 - 1998 - Port Macquarie Town Centre approved by the respondent on 11 January 1999 generally conforms to the provisions of the Hastings Local Environmental Plan 1987.' 'Question (b) does not arise.' 'Question (c) does not arise.' 'There will be no order as to costs.' 'The exhibits may be...