820 Cawdor Road Pty Ltd v Wollondilly Shire Council

[2013] NSWLEC 8

NSW Land and Environment Court

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Interrogate

Catchwords

1. Planning and Environment Law
2. › Development consent
3. › Prohibited development
4. › Multi dwelling housing
5. › Whether development standard in local environmental plan creates independent power to grant consent to prohibited development
6. › Whether cl 4.2A(4)(a) supplements or overrides Land Use Table prohibition
7. › Wollondilly Local Environmental Plan 2011, cll 2.3, 4.2A
8. › Environmental Planning and Assessment Act 1979 (NSW), ss 4(2), 81A(1)
1. Planning and Environment Law
2. › Development consent
3. › Development standards
4. › Replacement of dwelling houses
5. › Whether replacement dwelling house limited to existing elements
6. › Extended meaning of 'erection'
7. › Wollondilly Local Environmental Plan 2011, cl 4.2A(4)(a)
8. › Environmental Planning and Assessment Act 1979 (NSW), s 4(2)(b)(i)
1. Practice and Procedure
2. › Separate decision of questions
3. › Principles governing exercise of discretion
4. › Whether separate decision appropriate where determinative of proceedings
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 28.1-28.4
6. › Civil Procedure Act 2005 (NSW), s 56

Quick Take

Clause 4.2A(4)(a) of the Wollondilly LEP 2011 (and by analogy, similar provisions in other LEPs) is a development standard applicable only to development already permitted under the Land Use Table; it does not create an independent power to grant consent to development that is prohibited under the Land Use Table. However, a replacement dwelling house under cl 4.2A(4)(a) is not limited to replicating the existing elements of the original dwelling and may include modern facilities not present in the original structure.