O'Neill v Yarrowlumla Shire Council [1989] NSWLEC 181

O'Neill v Yarrowlumla Shire Council [1989] NSWLEC 181

Clause 12(6) of the Yarrowlumla Local Environmental Plan 1986 permitted consent to a subdivision creating more than one allotment under 80 hectares where each such allotment was intended for a lawful forestry purpose. The context did not disclose a contrary intention sufficient to exclude the Interpretation Act 1987, so the singular reference to "an allotment" included the plural. As the Council conceded the forestry purpose and merit grounds, development consent should be granted.

Jurisdiction
Australia
Judgment Date
01 May 1989
Procedural Posture
Development Consent Appeal Concerning Subdivision of Land / Appeal to the Land and Environment Court From Council Refusal
Outcome
Development consent granted subject to conditions.
Legal Topics
['development Consent' 'subdivision of Rural Land' 'local Environmental Plan' 'forestry Use' 'singular and Plural Interpretation']
['planning and Environment Law' 'statutory Interpretation'] ['development Consent' 'subdivision of Rural Land' 'local Environmental Plan' 'forestry Use' 'singular and Plural Interpretation']

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Procedural Posture

Development Consent Appeal Concerning Subdivision of Land / Appeal to the Land and Environment Court From Council Refusal

Legal Issues

  1. 1 ['Whether cl 12 of the Yarrowlumla Local Environmental Plan 1986 permitted consent for a subdivision creating more than one allotment of less than 80 hectares where the allotments were intended to be used for forestry.' 'Whether the singular expression "an allotment" in cl 12(6) included the plural expression "allotments" by operation of the Interpretation Act 1987.']

Ratio Decidendi

Clause 12(6) of the Yarrowlumla Local Environmental Plan 1986 permitted consent to a subdivision creating more than one allotment under 80 hectares where each such allotment was intended for a lawful forestry purpose. The context did not disclose a contrary intention sufficient to exclude the Interpretation Act 1987, so the singular reference to "an allotment" included the plural. As the Council conceded the forestry purpose and merit grounds, development consent should be granted.

Court Disposition

Development consent granted subject to conditions.

Orders

  • ["Application to subdivide the land known as Portions 22 and 33 in the Shire of Yarrowlumla, Parish of Clive, County of Buccleuch, being the whole of the land in Certificates of Title 15357 Folio 35 and 15232 Folio 146, in accordance with the proposed plan of subdivision marked Exhibit '3', granted subject to...