Marchese Partners Architects Pty Limited v Warringah Council [2002] NSWLEC 31

The desired future character statement in the Warringah LEP 2000 uses 'new apartment buildings' according to its ordinary grammatical meaning, prohibiting such development outside medium density areas, including replacement of existing flat buildings, unless the development is within the specified medium density area.

Jurisdiction: Australia
Judgment Date: 14 March 2002
Procedural Posture: Appeal / Determination of Question of Law
Outcome: Question of law answered; proceedings referred to Registrar's list; costs reserved; exhibits returned.
Legal Topics: ['development Consent' 'local Environmental Plans' 'construction of Land Use Instruments']

['planning and Environment Law'] ['development Consent' 'local Environmental Plans' 'construction of Land Use Instruments']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Determination of Question of Law

Legal Issues

1 ["Whether on the true construction of the Warringah Local Environmental Plan 2000 the proposed development is 'development of new apartment buildings' as referred to in the desired future character of the G8 Locality."]

Ratio Decidendi

Court Disposition

Question of law answered; proceedings referred to Registrar's list; costs reserved; exhibits returned.

Orders

["That these proceedings be referred to the Registrar's list on 19 March 2002." 'Costs reserved.' 'The exhibits be returned.']