Ku-ring-gai Council v Antony Comanos [2018] NSWLEC 24

Ku-ring-gai Council v Antony Comanos [2018] NSWLEC 24

The Magistrate did not commit legal error in finding the stairway was a 'pathway' under cl 2.55 of the Codes SEPP. The subsequent legislative amendment did not alter the judicial interpretation that 'pathway' can include a stairway, and the application of this meaning was properly a question of law alone. The appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
05 March 2018
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['exempt Development' 'statutory Interpretation' 'jurisdiction of Land and Environment Court']
['environmental Law' 'planning Law'] ['exempt Development' 'statutory Interpretation' 'jurisdiction of Land and Environment Court']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether the meaning of 'pathway' in cl 2.55 of the Codes SEPP includes stairways after legislative amendment" 'Whether the appeal is limited to a question of law alone under s 42(2B)(b) of the Crimes (Appeal and Review) Act 2001 (NSW)']

Ratio Decidendi

The Magistrate did not commit legal error in finding the stairway was a 'pathway' under cl 2.55 of the Codes SEPP. The subsequent legislative amendment did not alter the judicial interpretation that 'pathway' can include a stairway, and the application of this meaning was properly a question of law alone. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']