Robbcut Pty Ltd v Willoughby City Council [2000] NSWLEC 258

Robbcut Pty Ltd v Willoughby City Council [2000] NSWLEC 258

To determine the height of a building under cl 5(3)(c) of Willoughby LEP 1995, measure the vertical distance from natural ground level at each point to the uppermost ceiling level or the bottom of the eaves immediately above that point; whichever is lower is the height at that point; the maximum of these measurements is the height of the building.

Parties
Applicant: Robbcut Pty Ltd; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
24 August 2000
Procedural Posture
Motion for Determination of Legal Question / Judgment on Referred Legal Question
Outcome
Question of law answered; costs reserved
Legal Topics
Construction of Definition in Local Environmental Plan, Building Height Measurement
Planning Law Environmental Law Construction of Definition in Local Environmental Plan Building Height Measurement

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Parties

Robbcut Pty Ltd

Applicant

Willoughby City Council

Respondent

Procedural Posture

Motion for Determination of Legal Question / Judgment on Referred Legal Question

Legal Issues

  1. 1 Proper construction of clause 5(3)(c) of Willoughby Local Environmental Plan 1995 regarding measurement of building height

Ratio Decidendi

To determine the height of a building under cl 5(3)(c) of Willoughby LEP 1995, measure the vertical distance from natural ground level at each point to the uppermost ceiling level or the bottom of the eaves immediately above that point; whichever is lower is the height at that point; the maximum of these measurements is the height of the building.

Court Disposition

Question of law answered; costs reserved

Orders

  • Formal answer to Question of Law: Height is to be determined by measuring from each point at natural ground level to uppermost ceiling or eaves above that point, taking the lower measurement, and the greatest such distance is the building height.
  • Costs reserved.