Hoskins v Waverley Council [1999] NSWLEC 236
The Commissioner did not commit any error of law by giving no weight to DWLEP 14 or little weight to DCP 24. The weight given to draft planning instruments and development control plans is a matter for the decision-maker unless the attribution of weight is manifestly unreasonable, which was not demonstrated in this case.
- Parties
- Applicant: W Hoskins; Respondent: Waverley Council
- Jurisdiction
- Australia
- Judgment Date
- 20 October 1999
- Procedural Posture
- Section 56 a Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Draft Local Environmental Plans, Development Control Plans, Error of Law in Planning Appeals, Statutory Weight of Planning Instruments
Case Brief
Summary, issues, holding and outcome
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Parties
W Hoskins
Applicant
Waverley Council
Respondent
Procedural Posture
Section 56 a Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the Commissioner erred in law in failing to give weight to Draft Waverley Local Environmental Plan No 14 (DWLEP 14) under s 79C(1)(a)(ii) of the EP&A Act
- 2 Whether the Commissioner erred in law in failing to apply Development Control Plan No 24 (DCP 24) under s 79C(1)(a)(iii) of the EP&A Act
Ratio Decidendi
The Commissioner did not commit any error of law by giving no weight to DWLEP 14 or little weight to DCP 24. The weight given to draft planning instruments and development control plans is a matter for the decision-maker unless the attribution of weight is manifestly unreasonable, which was not demonstrated in this case.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Waverley Council to pay the applicant's costs of the appeal.
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