Robson v Tweed Council [2000] NSWLEC 170

Robson v Tweed Council [2000] NSWLEC 170

Although cl 57 of the LEP required the Applicant to show that a dwelling-house could lawfully have been erected on the appeal site immediately before the appointed day, that condition was satisfied because cl 12(1)(d) of IDO No 2, understood in light of cl 11(3), gave the appeal site an entitlement for a dwelling-house. The proposed development was therefore permissible development under cl 57 of the LEP.

Jurisdiction
Australia
Judgment Date
04 August 2000
Procedural Posture
Class 1 Appeal Under Environmental Planning and Assessment Act 1979, S 97 Against Refusal of Development Consent / Preliminary Determination of Question Whether the Proposed Dwelling House Development Is Prohibited by Tweed Local Environmental Plan 2000
Outcome
The proposed development was held to be permissible development in terms of cl 57 of Tweed Local Environmental Plan 2000, and the question raised by the Council was answered in the negative.
Legal Topics
['development Consent' 'local Environmental Plans' 'savings Provisions' 'dwelling Entitlement' 'rural Zoning' 'adjoining or Contiguous Land']
['planning and Environment Law'] ['development Consent' 'local Environmental Plans' 'savings Provisions' 'dwelling Entitlement' 'rural Zoning' 'adjoining or Contiguous Land']

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Procedural Posture

Class 1 Appeal Under Environmental Planning and Assessment Act 1979, S 97 Against Refusal of Development Consent / Preliminary Determination of Question Whether the Proposed Dwelling House Development Is Prohibited by Tweed Local Environmental Plan 2000

Legal Issues

  1. 1 ['Whether the proposed erection of a dwelling-house on lot 1 Deposited Plan 391120 is prohibited by Tweed Local Environmental Plan 2000' 'Whether cl 57 of Tweed Local Environmental Plan 2000 applies to any lawfully created allotment simpliciter or only where a dwelling-house could lawfully have been erected immediately prior to the appointed day' 'Whether the appeal site satisfied the condition that a dwelling-house could lawfully have been erected on it immediately prior to the appointed day' 'Whether the appeal site formed part of a larger existing parcel because it was adjoining or contiguous with neighbouring lands held in the same ownership']

Ratio Decidendi

Although cl 57 of the LEP required the Applicant to show that a dwelling-house could lawfully have been erected on the appeal site immediately before the appointed day, that condition was satisfied because cl 12(1)(d) of IDO No 2, understood in light of cl 11(3), gave the appeal site an entitlement for a dwelling-house. The proposed development was therefore permissible development under cl 57 of the LEP.

Court Disposition

The proposed development was held to be permissible development in terms of cl 57 of Tweed Local Environmental Plan 2000, and the question raised by the Council was answered in the negative.

Orders

  • ['The question raised by the Council was answered in the negative.']