SNL Building Construction Pty Ltd v Lake Macquarie City Council [2019] NSWLEC 1147

SNL Building Construction Pty Ltd v Lake Macquarie City Council [2019] NSWLEC 1147

The applicant's written request did not demonstrate that compliance with the height of buildings standard was unreasonable or unnecessary, nor that sufficient environmental planning grounds existed to justify contravening the standard. As satisfaction of these matters is a precondition to granting consent under cl 4.6, the Court's power to grant consent was not enlivened and the appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Development Application Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['development Standards' 'height of Buildings' 'clause 4.6 Variation Requests' 'visual Impact' 'environmental Planning Grounds']
['planning and Environment Law'] ['development Standards' 'height of Buildings' 'clause 4.6 Variation Requests' 'visual Impact' 'environmental Planning Grounds']

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Procedural Posture

Development Application Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether the applicant's written request under cl 4.6 of Lake Macquarie LEP 2014 to vary the height of buildings development standard is well founded" 'Whether compliance with the standard is unreasonable or unnecessary' 'Whether there are sufficient environmental planning grounds to justify contravening the standard' 'Whether the proposed visual impact and setbacks are acceptable']

Ratio Decidendi

The applicant's written request did not demonstrate that compliance with the height of buildings standard was unreasonable or unnecessary, nor that sufficient environmental planning grounds existed to justify contravening the standard. As satisfaction of these matters is a precondition to granting consent under cl 4.6, the Court's power to grant consent was not enlivened and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed' 'The exhibits are returned, with the exception of Exhibits A, B, D and 1']