Four2Five Pty Ltd v Ashfield Council

[2015] NSWCA 248

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Second appeal on question of law
4. › Whether leave should be granted in respect of point not pressed below
5. › Whether error of law demonstrated in decision below
6. › Land and Environment Court Act 1979 (NSW), ss 56A, 57
1. Planning and Environment
2. › Development consent
3. › Contravention of development standards
4. › Flexibility clause
5. › Whether environmental planning grounds particular to the circumstances of the proposed development required
6. › Ashfield Local Environmental Plan 2013 (NSW), cl 4.6

Quick Take

A court does not err in law by failing to determine a ground that the moving party agreed did not need to be determined. Leave to appeal will ordinarily not be granted in a second appeal in respect of a point not advanced in the earlier appeal. The Court of Appeal declined to provide authoritative guidance on the construction of cl 4.6 of the Standard Instrument LEP, leaving that question open for a case with competing submissions.