A foreshore building line restriction that precludes development on the foreshore side of the line is a development standard (not a prohibition) where the development is otherwise permitted on the land in the zone, and is amenable to dispensation under SEPP 1. The relevant land for determining whether development is prohibited is the land in the zone, not merely the land on the foreshore side of the building line. An objector who is not a party to Land and Environment Court proceedings but has a sufficient interest as an adjoining owner may seek prerogative relief (certiorari) in the Court of Appeal. A 'Double Bay Marina order' granting leave to appear, call evidence and make submissions does not confer party status for the purposes of the right of appeal under s 57 of the Land and Environment Court Act 1979.
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