Webb & Anor v Warringah Shire Council [1989] NSWLEC 196

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

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Parties

Webb & Anor

Applicant

Warringah Shire Council

Respondent

Procedural Posture

Appeal / Judgment

  1. 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.