Rawson Homes Pty Limited v Pittwater Council [2005] NSWLEC 718

Rawson Homes Pty Limited v Pittwater Council [2005] NSWLEC 718

Because "allotment" is not defined in the Pittwater Local Environmental Plan 1993 and bears its ordinary meaning as a distinct or identifiable area of land, the identity of which may be established by various means, the whole land in certificate of title 5423-102 (auto-consul 5423-102), comprising Lot 16 in DP10529...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 December 2005
Procedural Posture
Preliminary Questions of Law Concerning a Development Application / Preliminary Questions of Law
Outcome
Preliminary questions answered in favour of the Council's construction: the whole land in certificate of title 5423-102 (auto-consul 5423-102), being Lot 16 and Lot A together, is an allotment that was lawfully created; Lot 16 and Lot A are not each separate allotments for cl 16 of the LEP.
Legal Topics
['meaning of "allotment" in Pittwater Local Environmental Plan 1993' 'lawfully Created Allotment' 'subdivision and Certificates of Title' 'development Consent for Dwelling House']
['planning and Environment Law' 'statutory Interpretation' 'land Law'] ['meaning of "allotment" in Pittwater Local Environmental Plan 1993' 'lawfully Created Allotment' 'subdivision and Certificates of Title' 'development Consent for Dwelling House']

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Procedural Posture

Preliminary Questions of Law Concerning a Development Application / Preliminary Questions of Law

Legal Issues

  1. 1 ['Whether, for the purpose of cl 16 of the Pittwater Local Environmental Plan 1993, the whole of the land in certificate of title 5423-102 (auto-consul 5423-102), being Lot 16 in DP10529 and Lot A in DP348575, together are an allotment that was lawfully created.' 'Whether, for the purpose of cl 16 of the Pittwater Local Environmental Plan 1993, Lot 16 in DP10529 and Lot A in DP348575 are each separate allotments that were lawfully created.' 'Whether "allotment" in cl 16 of the Pittwater Local Environmental Plan 1993 has the technical meaning of a lot created by a plan of subdivision or an ordinary meaning as a distinct or identifiable area of land.']

Ratio Decidendi

Because "allotment" is not defined in the Pittwater Local Environmental Plan 1993 and bears its ordinary meaning as a distinct or identifiable area of land, the identity of which may be established by various means, the whole land in certificate of title 5423-102 (auto-consul 5423-102), comprising Lot 16 in DP10529 and Lot A in DP348575, was the relevant allotment for cl 16; Lot 16 and Lot A were not each separate allotments for that purpose.

Court Disposition

Preliminary questions answered in favour of the Council's construction: the whole land in certificate of title 5423-102 (auto-consul 5423-102), being Lot 16 and Lot A together, is an allotment that was lawfully created; Lot 16 and Lot A are not each separate allotments for cl 16 of the LEP.

Orders

  • ['For the purpose of cl 16 of the Pittwater Local Environmental Plan 1993, the whole of the land in certificate of title 5423-102 (auto-consul 5423-102), being Lot 16 in DP10529 and Lot A in DP348575, together are an allotment that was lawfully created: yes.' 'For the purpose of cl 16 of the Pittwater Local...