Gregory Travis Robinson v. Pittwater Council [1998] NSWLEC 132

Gregory Travis Robinson v. Pittwater Council [1998] NSWLEC 132

Clause 21F(3)(c) of the Pittwater Local Environment Plan 1993 operates to preserve the applicant's right to subdivide the dual occupancy development on the subject land, as the consent was granted under SREP 12 and SEPP 25 applied after the relevant amending date. Therefore, the development application is capable of being granted consent under the amended plan.

Jurisdiction
Australia
Judgment Date
19 June 1998
Procedural Posture
Appeal / Determination of Preliminary Question of Law
Outcome
Question of law answered in the affirmative; appeal to proceed to hearing.
Legal Topics
['development Consent' 'subdivision of Dual Occupancy Development' 'interpretation of Local Planning Instruments']
['planning and Environment Law'] ['development Consent' 'subdivision of Dual Occupancy Development' 'interpretation of Local Planning Instruments']

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

Appeal / Determination of Preliminary Question of Law

Legal Issues

  1. 1 ['Whether the development application is capable of being granted consent under Pittwater Local Environment Plan 1993 (as amended)']

Ratio Decidendi

Clause 21F(3)(c) of the Pittwater Local Environment Plan 1993 operates to preserve the applicant's right to subdivide the dual occupancy development on the subject land, as the consent was granted under SREP 12 and SEPP 25 applied after the relevant amending date. Therefore, the development application is capable of being granted consent under the amended plan.

Court Disposition

Question of law answered in the affirmative; appeal to proceed to hearing.

Orders

  • ['The development application is capable of being granted consent under Pittwater Local Environmental Plan 1993 (as amended).' "The applicant's appeal should proceed to a hearing upon the basis of the answer provided." 'Leave to the parties to approach the Registrar to seek a date for that hearing.']