Groffen v Lake Macquarie City Council [2001] NSWLEC 138

Groffen v Lake Macquarie City Council [2001] NSWLEC 138

The foreshore building line created by the Lake Macquarie Foreshore Building Line Resolution 1988 constitutes a development standard within the meaning of s 4 of the Environmental Planning and Assessment Act 1979, based on the intention of the instrument and its reference to SEPP 1.

Parties
Applicant: Hans Groffen; Respondent: Lake Macquarie City Council
Jurisdiction
Australia
Judgment Date
20 July 2001
Procedural Posture
Question of Law / Preliminary Determination
Outcome
Preliminary question determined: foreshore building line is a development standard
Legal Topics
Development Standards, Foreshore Building Line, Local Environmental Planning, Interpretation of Planning Instruments
Planning and Environment Law Development Standards Foreshore Building Line Local Environmental Planning Interpretation of Planning Instruments

Case Brief

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Parties

Hans Groffen

Applicant

Lake Macquarie City Council

Respondent

Procedural Posture

Question of Law / Preliminary Determination

Legal Issues

  1. 1 Whether foreshore building line constitutes a development standard or a prohibition on development

Ratio Decidendi

The foreshore building line created by the Lake Macquarie Foreshore Building Line Resolution 1988 constitutes a development standard within the meaning of s 4 of the Environmental Planning and Assessment Act 1979, based on the intention of the instrument and its reference to SEPP 1.

Court Disposition

Preliminary question determined: foreshore building line is a development standard

Orders

  • Proceedings be listed before registrar on 26 July 2001 for further directions
  • Exhibits remain with the Court file