Loftex Pty Ltd v North Sydney Municipal Council (No 2) [2013] NSWLEC 1165

Loftex Pty Ltd v North Sydney Municipal Council (No 2) [2013] NSWLEC 1165

The SEPP 1 objection was upheld because, although the proposal did not achieve every objective of the landscaped area standard under the 2001 LEP, the 2013 LEP had been made and had a fixed imminent commencement date, cl 1.8A had no operative effect before commencement, the proposal complied with the new controls, and strict compliance with the existing landscaped area standard would be unreasonable, unnecessary and contrary to orderly and economic development. The proposal was not inconsistent with the relevant aims and objectives of the 2001 LEP, the shortfall in landscaped area did not warrant refusal in context, objector concerns were adequately addressed, and development consent...

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Class 1 Development Application Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da449/12 / Principal Judgment Determining SEPP 1 Objection and Merits After Conciliation Conference and Further Submissions
Outcome
SEPP 1 objection upheld and Development Application DA449/12 approved subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'landscaped Area Development Standard' 'sepp 1 Objection' 'local Environmental Plan Not Yet Commenced' 'public Interest Under S 79 C']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'landscaped Area Development Standard' 'sepp 1 Objection' 'local Environmental Plan Not Yet Commenced' 'public Interest Under S 79 C']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da449/12 / Principal Judgment Determining SEPP 1 Objection and Merits After Conciliation Conference and Further Submissions

Legal Issues

  1. 1 ['Whether the objection under State Environmental Planning Policy No 1 - Development Standards to compliance with cl 20(2) of North Sydney Local Environmental Plan 2001 should be upheld.' 'Whether the making and imminent commencement of North Sydney Local Environmental Plan 2013 affected consideration of the SEPP 1 objection and the merits of the application.' 'Whether cl 14(2) of North Sydney Local Environmental Plan 2001 precluded consent because of alleged inconsistency with aims and objectives.' 'Whether the proposed landscaped area was acceptable despite non-compliance with the 2001 LEP landscaped area standard.' 'Whether the development application should be approved subject to conditions.']

Ratio Decidendi

The SEPP 1 objection was upheld because, although the proposal did not achieve every objective of the landscaped area standard under the 2001 LEP, the 2013 LEP had been made and had a fixed imminent commencement date, cl 1.8A had no operative effect before commencement, the proposal complied with the new controls, and strict compliance with the existing landscaped area standard would be unreasonable, unnecessary and contrary to orderly and economic development. The proposal was not inconsistent with the relevant aims and objectives of the 2001 LEP, the shortfall in landscaped area did not warrant refusal in context, objector concerns were adequately addressed, and development consent...

Court Disposition

SEPP 1 objection upheld and Development Application DA449/12 approved subject to conditions.

Orders

  • ['The objection under State Environmental Planning Policy No 1 - Development Standards to compliance with the development standard in cl 20(2) of North Sydney Local Environmental Plan 2001 is upheld.' 'Development Application DA449/12 for the demolition of four detached dwellings and construction of a five storey...