Land and Environment Court
of New South Wales
CITATION: Bowen v Willoughby City Council [2001] NSWLEC 274 PARTIES: APPLICANTS:
BowenRESPONDENT:
Willoughby City CouncilFILE NUMBER(S): 10064 of 2000 CORAM: Bignold J KEY ISSUES: Development Application :- Development appeal - SEPP No 1 objection to foreshore building line created by LEP-whether development absolutely prohibited. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97
SEPP No 1-Development StandardsCASES CITED: Bowen v Minister for Urban Affairs (1996) 90 LGERA 368;
Bowen v Willoughby City Council (2000) 108 LGERA 149;
Strathfield Municipal Council v Poynting (2001) NSWCA 270;
Willoughby City Council v Bowen (1996) 92 LGERA 410DATES OF HEARING: 29-31 May 2001, 1-5 June 2001, 8 June 2001, 6 July 2001 DATE OF JUDGMENT:
12/04/2001LEGAL REPRESENTATIVES: RESPONDENT:
APPLICANTS:
Mr P Tomasetti, Barrister
SOLICITORS
Corrs Westgarth
Mr B Preston SC with Mr J Robson, Barrister
SOLICITORS
Mallesons
JUDGMENT:
IN THE LAND AND
Matter No. 10064 of 2000
ENVIRONMENT COURT OF
Coram: Bignold J.
NEW SOUTH WALES
4 December 2001
D AND L BOWEN
Applicants
v
WILLOUGHBY CITY COUNCIL
Respondent
JUDGMENT
Bignold J:
A. INTRODUCTION
1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (the EP&A Act) against the Council’s deemed refusal of development consent to the Applicants’ development application for the re-subdivision of land known as Nos 70-72 Sugarloaf Crescent Castlecrag, being lots 301 to 305 (inclusive) in Deposited Plan 13613 (the development site) into the same number of lots but having different shapes and sizes from the existing five lots. Annexed hereto and marked “A” is a plan showing the existing five lots.
2. As will presently appear, the Council subsequently determined the development application by refusing development consent.
3. Since the proceedings were commenced on 28 January 2000, they have given rise to an unusually large number of interlocutory actions which explain how it came about that hearing of the appeal was unusually delayed. As these interlocutory actions bear upon the issues requiring adjudication, I must refer to them in some detail.
4. On 14 March 2000, the Council raised the following two discrete preliminary questions of law in its Statement of Issues (which also raised a considerable number of planning merit issues):—
- 1. Whether the proposed development is prohibited by cl 16 of the Willoughby Local Environmental Plan 1995 on the basis that the foreshore building line provisions in cl 16 are not development standards which can be varied by operation of the State Environmental Planning Policy No. 1.
2. Whether the development consent must be refused by operation of s 80(2) of the Environmental Planning and Assessment Act, on the basis that the construction of the driveway and erection of dwelling houses on the lots to be created by the subdivision would be contrary to cl 16 of Willoughby Local Environmental Plan 1995.
5. Following the hearing on these legal questions on 6 April 2000, I delivered judgment answering each question in the negative: see Bowen…
Keep reading for free
Create a free CaseChat account to read Bowen v Willoughby City Council and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2001] NSWLEC 274
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.