Roberts and Ors v Ballina Shire Council and Anor [2001] NSWLEC 242

Roberts and Ors v Ballina Shire Council and Anor [2001] NSWLEC 242

Clause 12(3)(a)(ii) of the Ballina Local Environmental Plan 1987 is a development standard amenable to variation under SEPP 1, and SEPP 1 may lawfully be used to vary this standard in the circumstances of the case; whether such variation should occur is a question for the merits hearing.

Jurisdiction
Australia
Judgment Date
22 October 2001
Procedural Posture
Class 1 Proceedings / Preliminary Questions of Law
Outcome
Preliminary questions of law answered. The matter proceeds to a merits hearing.
Legal Topics
['development Standards' 'local Environmental Plan' 'flexibility in Planning Controls' 'state Environmental Planning Policy No 1 (sepp 1)' 'minimum Lot Size Requirements']
['planning Law' 'environmental Law'] ['development Standards' 'local Environmental Plan' 'flexibility in Planning Controls' 'state Environmental Planning Policy No 1 (sepp 1)' 'minimum Lot Size Requirements']

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Procedural Posture

Class 1 Proceedings / Preliminary Questions of Law

Legal Issues

  1. 1 ['Is cl 12(3)(a)(ii) of Ballina Local Environmental Plan 1987 a development standard to which SEPP 1 may apply?' 'Can SEPP 1 be used to vary the 40 hectare development standard in cl 12(3)(a)(ii) in this case as a matter of law?']

Ratio Decidendi

Clause 12(3)(a)(ii) of the Ballina Local Environmental Plan 1987 is a development standard amenable to variation under SEPP 1, and SEPP 1 may lawfully be used to vary this standard in the circumstances of the case; whether such variation should occur is a question for the merits hearing.

Court Disposition

Preliminary questions of law answered. The matter proceeds to a merits hearing.

Orders

  • ['Clause 12(3)(a)(ii) is a development standard to which SEPP 1 may apply.' 'SEPP 1 may be used to vary the development standard in cl 12(3)(a)(ii); whether it is so used is a matter for the merits hearing.' 'Costs reserved.' 'The class 1 appeal should proceed to hearing on 24 - 25 October 2001.']