Lotus Project Management Pty Ltd v Pittwater Council [2015] NSWLEC 68

Land and Environment Court New South Wales

Medium Neutral Citation: Lotus Project Management Pty Ltd v Pittwater Council [2015] NSWLEC 68 Hearing dates: 24 April 2015 Date of orders: 24 April 2015 Decision date: 24 April 2015 Jurisdiction: Class 1 Before: Biscoe J Decision: By consent, order that the following questions be determined separately and in advance of any other question in the proceedings:

a) Does cl 13(2) of State Environmental Planning Policy (Affordable Rental Housing) 2009 apply to the proposed development given that there is no "existing maximum floor space" specified in the Pittwater Local Environmental Plan 2014 ("PLEP") or any other environmental planning instrument or development control plan that applies to the land the subject of the appeal.

b) Is the "Not more than 9 dwellings or less than 7 dwellings" specification for "Buffer area 3b" in the table to cl 6.1(3) of the PLEP a "development standard" to which cl 4.6 of the PLEP applies? Catchwords: PRACTICE AND PROCEDURE – whether by consent separate questions should be ordered in Class 1 appeal against deemed refusal of a development consent. Legislation Cited: Uniform Civil Procedure Rules 2005 r 28.2 State Environmental Planning Policy (Affordable Rental Housing) 2009 cl 13(2) Pittwater Local Environmental Plan 2014 cll, 4.6, 6.1(3) Cases Cited: Challenger Listed Investments v Valuer-General [2015] NSWLEC 7 Category: Procedural and other rulings Parties: Lotus Project Management Pty Ltd (Applicant) Pittwater Council (Respondent) Representation: COUNSEL: N Hinks, solicitor (Applicant) O Adams, solicitor (Respondent)