Laurence Browning Pty Ltd v Blue Mountains City Council [2006] NSWLEC 74

Laurence Browning Pty Ltd v Blue Mountains City Council [2006] NSWLEC 74

The development for which consent was sought was the erection of dwelling houses on land zoned Bushland Conservation. Under cl 9.1 of the LEP, dwelling houses were permissible with consent in that zone. Clause 29.2 did not prohibit that development under any circumstances merely because it was expressed negatively or required prior consolidation; in substance, the development was permissible in the circumstances identified by cl 29.2. The consolidation requirement concerned the arrangement, area and configuration of the land on which development could be carried out, which was an aspect of the development on the wider view required by the authorities. Clause 29.2 therefore specified a...

Jurisdiction
Australia
Judgment Date
27 February 2006
Procedural Posture
Appeal Under S 97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Separate Preliminary Question of Law
Outcome
The separate question was answered Yes: clause 29.2 of Blue Mountains Local Environmental Plan 1991 contains a development standard.
Legal Topics
['development Standards' 'local Environmental Plans' 'consolidation Requirements' 'state Environmental Planning Policy No. 1 – Development Standards' 'permissibility of Dwelling Houses in Bushland Conservation Zone']
['environmental Planning and Assessment' 'land and Environment' 'development Consent'] ['development Standards' 'local Environmental Plans' 'consolidation Requirements' 'state Environmental Planning Policy No. 1 – Development Standards' 'permissibility of Dwelling Houses in Bushland Conservation Zone']

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 Under S 97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Separate Preliminary Question of Law

Legal Issues

  1. 1 ['Whether clause 29.2 of Blue Mountains Local Environmental Plan 1991 is a development standard as defined in s 4(1) of the Environmental Planning and Assessment Act 1979 and thus amenable to State Environmental Planning Policy No. 1 – Development Standards.']

Ratio Decidendi

The development for which consent was sought was the erection of dwelling houses on land zoned Bushland Conservation. Under cl 9.1 of the LEP, dwelling houses were permissible with consent in that zone. Clause 29.2 did not prohibit that development under any circumstances merely because it was expressed negatively or required prior consolidation; in substance, the development was permissible in the circumstances identified by cl 29.2. The consolidation requirement concerned the arrangement, area and configuration of the land on which development could be carried out, which was an aspect of the development on the wider view required by the authorities. Clause 29.2 therefore specified a...

Court Disposition

The separate question was answered Yes: clause 29.2 of Blue Mountains Local Environmental Plan 1991 contains a development standard.

Orders

  • ['The separate question as recast by the parties was answered: "Yes".' 'Costs may be argued.']