MoDog Pty Ltd v Baulkham Hills Shire Council [2000] NSWLEC 180

MoDog Pty Ltd v Baulkham Hills Shire Council [2000] NSWLEC 180

Land zoned Rural 1(c) under the Baulkham Hills LEP is not zoned primarily for urban purposes for the purposes of SEPP 5, nor does it adjoin land zoned primarily for urban purposes; the site does not fall within SEPP 5 clause 4 as it is neither urban nor 'near to' land zoned primarily for urban purposes.

Parties
Applicant: MoDog Pty Ltd; Respondent: Baulkham Hills Shire Council
Jurisdiction
Australia
Judgment Date
17 August 2000
Procedural Posture
Class 1 Proceedings (development Application) / Preliminary Question of Law
Outcome
Preliminary question of law answered; the site is not within land to which SEPP 5 applies.
Legal Topics
Statutory Interpretation, Zoning, Applicability of SEPP 5 (housing for Older People or People With a Disability)
Planning and Environment Law Statutory Interpretation Zoning Applicability of SEPP 5 (housing for Older People or People With a Disability)

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Parties

MoDog Pty Ltd

Applicant

Baulkham Hills Shire Council

Respondent

Procedural Posture

Class 1 Proceedings (development Application) / Preliminary Question of Law

Legal Issues

  1. 1 Whether the site is zoned primarily for urban purposes for the purposes of SEPP 5
  2. 2 Whether the site adjoins land zoned primarily for urban purposes for the purposes of SEPP 5

Ratio Decidendi

Land zoned Rural 1(c) under the Baulkham Hills LEP is not zoned primarily for urban purposes for the purposes of SEPP 5, nor does it adjoin land zoned primarily for urban purposes; the site does not fall within SEPP 5 clause 4 as it is neither urban nor 'near to' land zoned primarily for urban purposes.

Court Disposition

Preliminary question of law answered; the site is not within land to which SEPP 5 applies.

Orders

  • Proceedings stood over to a callover before the Registrar to determine further disposal of proceedings.