The definition of 'height' in the Port Stephens LEP 2000 requires measurement vertically in the same plane from the highest point of the building to the ground level directly below that point, not from the highest point to the lowest ground level at any other point on the building. A development control plan's provisions, including a two-storey limit, are not mandatory requirements under the Environmental Planning and Assessment Act 1979 (NSW), and a council may grant consent notwithstanding non-compliance provided it has properly considered the relevant DCP provisions under s 79C.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.