NSW Caselaw
Land and Environment Court of New South Wales
CITATION : G W Rothwell & Associates v North Sydney Council [2000] NSWLEC 116 APPLICANT: G W Rothwell & Associates PARTIES : RESPONDENT: North Sydney Council FILE NUMBER(S) : 10017 of 2000 CORAM: Lloyd J Construction & Interpretation :- prohibition provision based on adjacent building heights - whether literal interpretation causes absurdities - whether purposive reading different to ordinary meaning KEY ISSUES: Environmental Planning Instruments :- prohibition of residential flat buildings in local environmental plan - permissible with consent in regional environmental plan - whether inconsistency between local environmental plan and regional environmental plan
Environmental Planning and Assessment Act 1979, s25(3), s26(1) LEGISLATION CITED: North Sydney Local Environmental Plan 1989 cl 14A Sydney Regional Environmental Plan No. 23 - Sydney and Middle Harbours, cl 4(1), cl 10 Butler v Attorney-General for Victoria (1961) 106 CLR 268; CASES CITED: Coffs harbour Environment Centre v The Minister for Planning (1994) 84 LGERA 324; Cooper Brookes (Wollongong) Pty Limited v Commissioner of Taxation (1981) 147 CLR 297; Hume Steel Limited v Attorney-General for Victoria (1927) 39 CLR 455 DATES OF HEARING: 28/03/2000 DATE OF JUDGMENT: 06/15/2000
APPLICANT: M H Tobais QC with S A Duggan (barrister)
SOLICITORS: Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT: D A Parry (barrister)
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