MICHAEL SABONGI, ALFY ATTIA and RAFFAT WASSET v. ASHFIELD COUNCIL No. 10584 of 1994 [1994] NSWLEC 2

The linking of two structures by a wall does not constitute a single building under SEPP 28; therefore, the proposal is not permitted as it breaches the planning instrument’s definitions.

Jurisdiction: Australia
Judgment Date: 01 December 1994
Procedural Posture: Application / Determination
Outcome: objection upheld; application dismissed
Legal Topics: ['definition of Building Under SEPP 28' 'urban Consolidation' 'planning Permission for Dwellings']

['planning Law'] ['definition of Building Under SEPP 28' 'urban Consolidation' 'planning Permission for Dwellings']

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Procedural Posture

Application / Determination

Legal Issues

1 ['Whether linking two two-storey buildings by a wall makes them a single building for purposes of SEPP 28' 'Whether the proposed development meets the definitions of villa house or townhouse under SEPP 28']

Ratio Decidendi

The linking of two structures by a wall does not constitute a single building under SEPP 28; therefore, the proposal is not permitted as it breaches the planning instrument’s definitions.

Court Disposition

objection upheld; application dismissed

Orders

['No order as to costs']