Trowbridge v Ledbury

Land and Environment Court

of New South Wales

CITATION:

Trowbridge & Anor -v- Ledbury & Ors [1999] NSWLEC 94

PARTIES

Applicants:
Trowbridge & Anor

Respondents:
Ledbury & Ors

NUMBER:

40054 of 1999

CORAM:

Talbot J

KEY ISSUES:

:- Decision not to notify nearby property owner of development application - decision to allow SEPP 1 objection - failure to consider particular clauses of DCP
Judicial Review:- Manifest unreasonableness
Judicial Review:- Alleged failure to make inquiry in respect of matter centrally relevant and reasonably available

LEGISLATION CITED:

Decision not to notify nearby property owner of development application - decision to allow SEPP 1 objection - failure to consider particular clauses of DCP
Judicial Review:- Manifest unreasonableness
Judicial Review:- Alleged failure to make inquiry in respect of matter centrally relevant and reasonably available

DATES OF HEARING:

04/12/1999; 04/13/1999; 04/14/1999; 04/15/1999

DATE OF JUDGMENT DELIVERY:

04/21/1999

LEGAL REPRESENTATIVES:

Applicants:
Mr D P F Officer QC
with:
Mr J B Maston (Barrister)
Solicitors:
Wilshire Webb

First and Second Respondents:
Mr T S Hale (Barrister)
Solicitors:
Kemp Strang

Third Respondent:
Mr B J Preston (Barrister)
Solicitors:
Mallesons Stephen Jaques

JUDGMENT:
Contents

Paragraph

Introduction and Issues

1 - 15

Was the Decision Manifestly Unreasonable

16 - 57

The SEPP 1 Objection

58 - 68

The Alleged Failure to consider Clause 9 of DCP No. 1

69 - 78

Conclusion

79 - 83

Orders

84

IN THE LAND AND Matter No. 40054 of 1999
ENVIRONMENT COURT Coram: Talbot J
OF NEW SOUTH WALES Decision Date: 21 April 1999

John Roy Trowbridge and Sandra Mary Trowbridge
Applicants

v
Michael B Ledbury
First Respondent
Michael Cashion
Second Respondent
North Sydney Council

Third Respondent

REASONS FOR JUDGMENT


Introduction and Issues

1. The second respondent is the owner of No. 3 Prior Avenue, Cremorne which is in a row of five houses identified as heritage items pursuant to the North Sydney Local Environmental Plan 1989 (the LEP).

2. The applicants own and reside at No. 7 Prior Avenue.

3. On 23 February 1998 the first respondent lodged a development application and a building application on behalf of the second respondent. The applications were in respect of a proposed one storey addition including a bedroom and en suite with dormer windows all stated to be within the roof line which is to be elevated.

4. No. 7 Prior Avenue enjoys distant views of Sydney Harbour, including Fort Dennison, across to the southern shore of the harbour and the city skyline, in part over No. 3.

5. Clause 28 of the LEP provides:-

Advertisement of Development Applications
28. Pursuant to section 30(4) of the Act, and subject to the regulations made under the Act, the provisions of Sections 84, 85, 86, 87(1) and 90 of the Act apply to and in respect of all applications for development consent made under the provisions of this plan in the same way as those provisions apply to and in respect of designated development.

6. At all relevant times s 84(1)(a)(i) and (ii) of the Environmental Planning and…