NSW Caselaw
Land and Environment Court of New South Wales CITATION: Crick - V - Warringah Council [1999] NSWLEC 51
PARTIES APPLICANT Guy Crick
RESPONDENT Warringah Council
NUMBER: 10011 of 1999
CORAM: Lloyd J
KEY ISSUES: :- 'a dwelling house' means not more than one dwelling
LEGISLATION CITED: 'a dwelling house' means not more than one dwelling
DATES OF HEARING: 03/11/1999
DATE OF JUDGMENT DELIVERY: 03/16/1999
APPLICANT C Simpson Solicitors: Dominic Morebito LEGAL REPRESENTATIVES: RESPONDENT A M Hudson Solicitors: Wilshire Webb
JUDGMENT:
1. This is the separate hearing and determination of preliminary questions of law pursuant to the Supreme Court Rules Pt 31 r 2(a) (which applies in this Court by dint of the Land & Environment Court Rules Pt 6 r 1(1)).
2. The applicant has appealed to the Court under the Environmental Planning & Assessment Act 1979, s 97(1), against the refusal of a development application to erect a second dwelling house on an allotment of land on which there is an existing dwelling house. The respondent contends that the proposed development is prohibited under the relevant environmental planning instrument, the Warringah Local Environmental Plan 1985.
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