An objection under SEPP 1 requires identification of the underlying object or purpose of the development standard, consideration of whether compliance would hinder the objects of s 5(a)(i) and (ii) of the EP&A Act, and a finding that compliance is unreasonable or unnecessary in the circumstances — a mere finding that the development is 'acceptable' or that non-compliance is minor does not satisfy the test. Clauses imposing pre-conditions to consent (such as height limits, building height planes, landscaped area requirements, and view loss prohibitions) are jurisdictional and must be positively satisfied before consent can be granted. Even lay commissioners must give reasons on issues that are critical or fundamental to the case.
The full text is available to signed-in members, including the 32 later cases that cite this judgment.
1 of the 32 citing cases carry a classified treatment. How each court treated it is available to signed-in members.