The owner of a lot in a registered strata plan is not required to obtain the consent of the owners corporation to lodge a development application for development wholly within the boundaries of that lot. Halpin v Sydney City Council is overruled. The statutory definition of 'owner' in the Local Government Act 1993 (NSW), as adopted by the EPA Act, does not operate in the context of cl 49 of the EPA Regulation to make the owners corporation the relevant 'owner' for development applications relating to individual strata lots. A party that concedes a point of law at trial may exceptionally be permitted to raise it on appeal where no evidence could have been given to prevent the point succeeding and the interests of justice favour permitting it.
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