Lotus Project Management Pty Ltd v Pittwater Council [2015] NSWLEC 68

Lotus Project Management Pty Ltd v Pittwater Council [2015] NSWLEC 68

It was appropriate to make the consent order for separate determination because the parties agreed that negative answers to both proposed questions would doom the Class 1 appeal and require dismissal, while an affirmative answer to either question would leave merits issues to be determined.

Jurisdiction
Australia
Judgment Date
24 April 2015
Procedural Posture
Class 1 Appeal Against Deemed Refusal of a Development Application / Application by Consent for Separate Questions to Be Determined in Advance
Outcome
By consent, separate questions ordered to be determined in advance of any other question in the proceedings.
Legal Topics
['separate Questions' 'development Consent' 'affordable Rental Housing' 'development Standards' 'deemed Refusal']
['planning and Environment Law' 'practice and Procedure'] ['separate Questions' 'development Consent' 'affordable Rental Housing' 'development Standards' 'deemed Refusal']

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

Class 1 Appeal Against Deemed Refusal of a Development Application / Application by Consent for Separate Questions to Be Determined in Advance

Legal Issues

  1. 1 ['Whether cl 13(2) of State Environmental Planning Policy (Affordable Rental Housing) 2009 applies to the proposed development given that there is no "existing maximum floor space" specified in the Pittwater Local Environmental Plan 2014 or any other environmental planning instrument or development control plan that applies to the land the subject of the appeal.' 'Whether the "Not more than 9 dwellings or less than 7 dwellings" specification for "Buffer area 3b" in the table to cl 6.1(3) of the Pittwater Local Environmental Plan 2014 is a "development standard" to which cl 4.6 of the Pittwater Local Environmental Plan 2014 applies.' 'Whether, by consent, the Court should order separate questions in a Class 1 appeal against deemed refusal of development consent.']

Ratio Decidendi

It was appropriate to make the consent order for separate determination because the parties agreed that negative answers to both proposed questions would doom the Class 1 appeal and require dismissal, while an affirmative answer to either question would leave merits issues to be determined.

Court Disposition

By consent, separate questions ordered to be determined in advance of any other question in the proceedings.

Orders

  • ['Does cl 13(2) of State Environmental Planning Policy (Affordable Rental Housing) 2009 apply to the proposed development given that there is no "existing maximum floor space" specified in the Pittwater Local Environmental Plan 2014 ("PLEP") or any other environmental planning instrument or development control plan...