Guilfoyle and Anor v Lake Macquarie City Council [2002] NSWLEC 29

Reported Decision : 119 LGERA 300

Land and Environment Court of New South Wales

CITATION : Guilfoyle and Anor v Lake Macquarie City Council [2002] NSWLEC 29 APPLICANT: Guilfoyle and Anor PARTIES : RESPONDENT: Lake Macquarie City Council FILE NUMBER(S) : 10888 of 2001 CORAM: Bignold J KEY ISSUES: Question of Law :- For preliminary determination-whether proposed development permissible-relationship between defined terms "cluster housing" and "dwelling-houses" LEGISLATION CITED: Lake Macquarie Local Environmental Plan 1984 Environmental Planning and Assessment Act 1979 s 54(1) and s 74(2) Crosland v North Sydney Council (2000) 109 LGERA 244; CASES CITED: Friends of Pryor Park Inc v Ryde Council (LEC-unreported 25 September 1995; Westpoint Corp Pty Ltd v Rockdale City Council (2000) 109LGERA 398 at 403 DATES OF HEARING: 1, 6 March 2002 EX TEMPORE JUDGMENT DATE : 03/06/2002

APPLICANT: Mr J Thompson; Barrister SOLICITORS Bowen and Gerathy LEGAL REPRESENTATIVES: RESPONDENT: Mr G Newport, Barrister SOLICITORS Mr P Rees

JUDGMENT:

IN THE LAND AND Matter No. 10888 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 12 March 2002

D GUILFOYLE AND D SUTHERLAND

Applicants

v

LAKE MACQUARIE CITY COUNCIL

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. At the conclusion of argument on 6 March 2002 in respect of Notices of Motion filed by each party raising questions of law for determination in advance of the hearing on the planning merits of a development appeal (which is fixed for 18-20 March 2002), I announced my determination holding that the proposed development was permissible development in terms of Lake Macquarie Local Environmental Plan 1984 (the LEP) and stated that my reasons for that determination would be subsequently published. I adopted this course because of the imminence of the hearing dates so that the parties could prepare their respective cases for the merits hearing. I now publish my reasons. B. THE QUESTIONS OF LAW