Bowen v Willoughby City Council [2001] NSWLEC 274

Land and Environment Court of New South Wales

CITATION : Bowen v Willoughby City Council [2001] NSWLEC 274 APPLICANTS: Bowen PARTIES : RESPONDENT: Willoughby City Council

FILE NUMBER(S) : 10064 of 2000 CORAM: Bignold J KEY ISSUES: Development Application :- Development appeal - SEPP No 1 objection to foreshore building line created by LEP-whether development absolutely prohibited. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 SEPP No 1-Development Standards Bowen v Minister for Urban Affairs (1996) 90 LGERA 368; CASES CITED: Bowen v Willoughby City Council (2000) 108 LGERA 149; Strathfield Municipal Council v Poynting (2001) NSWCA 270; Willoughby City Council v Bowen (1996) 92 LGERA 410 DATES OF HEARING: 29-31 May 2001, 1-5 June 2001, 8 June 2001, 6 July 2001 DATE OF JUDGMENT: 12/04/2001

APPLICANTS: Mr P Tomasetti, Barrister SOLICITORS Corrs Westgarth

LEGAL REPRESENTATIVES: RESPONDENT: Mr B Preston SC with Mr J Robson, Barrister SOLICITORS Mallesons

JUDGMENT:

IN THE LAND AND Matter No. 10064 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 4 December 2001

D AND L BOWEN

Applicants

v

WILLOUGHBY CITY COUNCIL

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (the EP&A Act) against the Council's deemed refusal of development consent to the Applicants' development application for the re-subdivision of land known as Nos 70-72 Sugarloaf Crescent Castlecrag, being lots 301 to 305 (inclusive) in Deposited Plan 13613 (the development site) into the same number of lots but having different shapes and sizes from the existing five lots. Annexed hereto and marked "A" is a plan showing the existing five lots.