Webb & Anor v Warringah Shire Council [1989] NSWLEC 196
The council cannot approve the building application if the proposed development is not permissible under the applicable environmental planning instrument, specifically the Warringah Local Environmental Plan 1985.
- Parties
- Applicant: Webb & Anor; Respondent: Warringah Shire Council
- Jurisdiction
- Australia
- Judgment Date
- 24 May 1989
- Procedural Posture
- Appeal / Judgment
- Legal Topics
- Development Consent, Zoning, Building Application
Case Brief
Summary, issues, holding and outcome
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Parties
Webb & Anor
Applicant
Warringah Shire Council
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the respondent council had legal power to approve the building application for a swimming pool under the Warringah Local Environmental Plan 1985 and applicable legislation
Ratio Decidendi
The council cannot approve the building application if the proposed development is not permissible under the applicable environmental planning instrument, specifically the Warringah Local Environmental Plan 1985.
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