Robbcut Pty Ltd v Willoughby City Council [2000] NSWLEC 258

Land and Environment Court of New South Wales

CITATION : Robbcut Pty Ltd v Willoughby City Council [2000] NSWLEC 258 APPLICANT: Robbcut Pty Ltd PARTIES : RESPONDENT: Willoughby City Council FILE NUMBER(S) : 11031 of 1999 CORAM: Talbot J KEY ISSUES: Environmental Planning Instruments :- construction of definition in LEP LEGISLATION CITED: Willoughby Local Environmental Plan 1995 cl 5(3)(c), cl 37 CASES CITED: DATES OF HEARING: 24/08/2000 EX TEMPORE 08/24/2000 JUDGMENT DATE :

APPLICANT: Mr J J Webster (Barrister)

SOLICITORS: Mills Cameron Gallagher LEGAL REPRESENTATIVES: RESPONDENT: Mr C W McEwen (Barrister)

SOLICITORS: Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND Matter No. 11031 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 24 August, 2000

Robbcut Pty Ltd Applicant v Willoughby City Council Respondent REASONS FOR JUDGMENT

1. The issues that have been referred to the Court on the motion of both parties and with the support of Commissioner Bly, who joins in the referral, is the proper construction to be applied to cl 5(3)(c) of Willoughby Local Environmental Plan 1995 ("the LEP").

2. The questions that arise relate to the determination of the height of the proposed building for the purposes of the LEP.

3. In the definition clause height has the meaning set out in subclause (3). It provides "[F]or the purposes of this plan, the height of a building is to be measured as follows" and then follow three alternative circumstances that can be applied. The third alternative, or alternative (c), is the particular measurement that is the subject of the current argument.