Lowy v The Land and Environment Court of NSW

The Supreme Court of New South Wales, Court of Appeal, considered an appeal by Mr Lowy against a decision of the Land and Environment Court. The Land and Environment Court had allowed an appeal by an objector against the refusal of a development application, granting the objector leave to participate in those proceedings. Mr Lowy sought to appeal the Land and Environment Court's decision to the Supreme Court.

The central legal issues before the Court of Appeal were whether an objector, who had been granted leave to participate in proceedings before the Land and Environment Court, had a right to appeal to the Supreme Court against the Land and Environment Court's decision, and whether prerogative relief was available in the circumstances. A further issue was whether a restriction on development on the foreshore side of a foreshore building line constituted a development standard for the purposes of the relevant legislation.

The Court of Appeal held that an objector who is granted leave to participate in proceedings before the Land and Environment Court does not thereby acquire a right to appeal to the Supreme Court. The Court found that the restriction in question was not a development standard. Consequently, the Court dismissed Mr Lowy's appeal, granting an extension of time for him to file his notice of appeal but ordering that he pay the costs of the appeal and the summons.