Page & Anor v Sutherland Shire Council [2000] NSWLEC 125

Page & Anor v Sutherland Shire Council [2000] NSWLEC 125

The prohibition in clause 25 of Sutherland Shire Local Environmental Plan 1993 and clause 40 of Sutherland Shire Local Environmental Plan 2000 extends to strata subdivision of dual occupancy housing, as 'subdivision of land' captures strata plans and the terms 'allotment' and 'lot' are used interchangeably; thus, registration of a strata plan that creates separate lots for dual occupancy is prohibited.

Jurisdiction
Australia
Judgment Date
26 June 2000
Procedural Posture
Preliminary Legal Question; Appeal Under Section 97 of the Environmental Planning and Assessment Act 1979 / Determination of Preliminary Question of Law
Outcome
Legal question answered in favour of respondent; proposed strata subdivision prohibited by the Local Environmental Plan.
Legal Topics
['subdivision' 'strata Schemes' 'dual Occupancy Housing' 'local Environmental Plan Interpretation']
['planning and Environment Law'] ['subdivision' 'strata Schemes' 'dual Occupancy Housing' 'local Environmental Plan Interpretation']

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Procedural Posture

Preliminary Legal Question; Appeal Under Section 97 of the Environmental Planning and Assessment Act 1979 / Determination of Preliminary Question of Law

Legal Issues

  1. 1 ['Whether the subdivision component of the proposed development is prohibited by reason of clause 25 of Sutherland Shire Local Environmental Plan 1993 or clause 40 of Sutherland Shire Local Environmental Plan 2000 when made.']

Ratio Decidendi

The prohibition in clause 25 of Sutherland Shire Local Environmental Plan 1993 and clause 40 of Sutherland Shire Local Environmental Plan 2000 extends to strata subdivision of dual occupancy housing, as 'subdivision of land' captures strata plans and the terms 'allotment' and 'lot' are used interchangeably; thus, registration of a strata plan that creates separate lots for dual occupancy is prohibited.

Court Disposition

Legal question answered in favour of respondent; proposed strata subdivision prohibited by the Local Environmental Plan.

Orders

  • ['The subdivision component of the proposed development is prohibited by reason of clause 25 of Sutherland Shire Local Environmental Plan 1993 or clause 40 of draft Sutherland Shire Local Environmental Plan 2000 if made.']