Ousley Pty Ltd v Warringah Shire Council [1999] NSWLEC 143

Ousley Pty Ltd v Warringah Shire Council [1999] NSWLEC 143

The proposed subdivision involves a significant change to the existing configuration of the lots and cannot be regarded as a mere adjustment of boundaries under SEPP 4 cl 6(b); therefore, it is not permissible without development consent.

Jurisdiction
Australia
Judgment Date
16 June 1999
Procedural Posture
Class 1 Appeal / Determination of Referred Questions
Outcome
Question answered in the negative; application for subdivision not permitted under SEPP 4 cl 6(b) without development consent.
Legal Topics
['subdivision' 'development Standards' 'application of SEPP 4' 'boundary Adjustment']
['planning Law' 'environmental Law'] ['subdivision' 'development Standards' 'application of SEPP 4' 'boundary Adjustment']

Case Brief

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Procedural Posture

Class 1 Appeal / Determination of Referred Questions

Legal Issues

  1. 1 ['Whether the proposed boundary alteration is permissible pursuant to SEPP 4, cl 6(b)' 'Whether cl 53AD of the LEP is a development standard or prohibition under SEPP 4']

Ratio Decidendi

The proposed subdivision involves a significant change to the existing configuration of the lots and cannot be regarded as a mere adjustment of boundaries under SEPP 4 cl 6(b); therefore, it is not permissible without development consent.

Court Disposition

Question answered in the negative; application for subdivision not permitted under SEPP 4 cl 6(b) without development consent.

Orders

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