ADMINISTRATIVE LAW - review by Court of validity of complying development certificate pursuant to s 4.31 of Environmental Planning and Assessment Act 1979 (NSW) - extraneous communications cannot be used to construe complying development certificate - as complying development certificate does not identify purpose of use of shed permissibility under local environmental plan unknown
› car park use prohibited - shed not ancillary to dwelling house
› declaration of invalidity made
Judicial Review
› certifier’s decision that shed complying development unreasonable
› complying development certificate lacks finality and is uncertain as architectural and engineering plans conflict on key matter
› complying development certificate invalid because not issued with mandatory conditions required by State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW)
Case Details
Citation[2023] NSWLEC 53
CourtNSWLEC
JurisdictionNew South Wales
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