Recent Cases

Ross v Lane [2022] NSWCA 235 (17 November 2022) (Macfarlan and Beech-Jones JJA, Basten AJA)


Catchwords:


ADMINISTRATIVE LAW – jurisdictional facts – applicability of State Environment Planning Policy 65 – whether application of SEPP 65 was a matter for the Court or the consent authority to determine

PLANNING LAW – planning approval – development application – applicability of State Environment Planning Policy 65 – Design Quality of Residential Apartment Development (“SEPP 65”) – Council approved development application for modifications and extensions to the first respondent’s apartment including construction of additional storey – substantially affected views from one floor of appellant’s apartment in neighbouring block –whether development approval invalid – whether SEPP 65 applicable – whether SEPP 65 complied with –– whether development application involved the “substantial redevelopment or the substantial refurbishment of an existing building”