Lend Lease Development Pty Limited -V- Manly Council [1999] NSWLEC 2

Lend Lease Development Pty Limited -V- Manly Council [1999] NSWLEC 2

The appeal failed because the development as approved remained accommodation for aged persons and its purpose of aged care was within the broad ordinary meaning of "church purposes" under the Manly LEP, so no legal error was shown in treating it as permissible with consent. The Court also had power to grant consent without the hostel because the approved development was substantially the same as the development sought and, in any event, s 91AB(1) authorised consent for the development except for a specified part or aspect.

Jurisdiction
Australia
Judgment Date
28 January 1999
Procedural Posture
Appeal Under S 56 a of the Land and Environment Court Act 1979 / Judgment on Appeal From a Decision of Assessor Bly Granting Development Consent in Part
Outcome
Appeal dismissed.
Legal Topics
['special Uses Zone' 'church Purposes' 'power to Grant Consent Excluding a Specified Part of a Development Application' 'accommodation for Aged Persons' 'section 56 a Appeal on a Question of Law']
['planning and Environment Law' 'development Consent' 'land Use Zoning'] ['special Uses Zone' 'church Purposes' 'power to Grant Consent Excluding a Specified Part of a Development Application' 'accommodation for Aged Persons' 'section 56 a Appeal on a Question of Law']

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Procedural Posture

Appeal Under S 56 a of the Land and Environment Court Act 1979 / Judgment on Appeal From a Decision of Assessor Bly Granting Development Consent in Part

Legal Issues

  1. 1 ['Whether the learned assessor erred in law in concluding that self-care aged persons dwellings on precinct 10, absent on-site support facilities and the hostel on precinct 11, were permissible with consent as development for "church purposes" on land zoned Special Uses - Church Purposes.' 'Whether the Court had power to grant development consent for the development except for the hostel on precinct 11, rather than only for the development as sought in the development application.']

Ratio Decidendi

The appeal failed because the development as approved remained accommodation for aged persons and its purpose of aged care was within the broad ordinary meaning of "church purposes" under the Manly LEP, so no legal error was shown in treating it as permissible with consent. The Court also had power to grant consent without the hostel because the approved development was substantially the same as the development sought and, in any event, s 91AB(1) authorised consent for the development except for a specified part or aspect.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' 'The respondent must pay the costs of the applicant as agreed or as assessed.' 'The exhibits may be returned.']