Crick - V - Warringah Council [1999] NSWLEC 51

Crick - V - Warringah Council [1999] NSWLEC 51

Clause 15 of Warringah Local Environmental Plan 1985 prohibits the erection of more than one dwelling house on a single allotment of land zoned Residential 2(a), as 'dwelling house' is defined as a building containing not more than one dwelling, and in the absence of a specific provision permitting two dwellings, such developments are not allowed.

Jurisdiction
Australia
Judgment Date
16 March 1999
Procedural Posture
Appeal / Preliminary Hearing on Questions of Law
Outcome
Application dismissed. Proposed development prohibited.
Legal Topics
['statutory Interpretation' 'residential Zoning' 'development Application' 'dwelling House Definition']
['planning and Environment Law'] ['statutory Interpretation' 'residential Zoning' 'development Application' 'dwelling House Definition']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Preliminary Hearing on Questions of Law

Legal Issues

  1. 1 ['Whether the erection of two detached dwellings on a single allotment of land zoned Residential 2(a) under WLEP 1985 is prohibited' 'Whether the use of a single allotment of land zoned Residential 2(a) under WLEP 1985 for two detached dwellings is prohibited']

Ratio Decidendi

Clause 15 of Warringah Local Environmental Plan 1985 prohibits the erection of more than one dwelling house on a single allotment of land zoned Residential 2(a), as 'dwelling house' is defined as a building containing not more than one dwelling, and in the absence of a specific provision permitting two dwellings, such developments are not allowed.

Court Disposition

Application dismissed. Proposed development prohibited.

Orders

  • ['Each of the preliminary questions of law is answered in the affirmative: the erection or use of two detached dwellings on a single allotment zoned Residential 2(a) under WLEP 1985 is prohibited.']