a list of appropriate matters to be considered in making a planning decision.
While planning principles are stated in general terms, they may be applied to particular cases to promote consistency. Planning principles are not legally binding and they do not prevail over councils’ plans and policies.
Planning principles assist when making a planning decision – including:
where there is a void in policy; or
where policies expressed in qualitative terms allow for more than one interpretation; or
where policies lack clarity.
Speeches/papers concerning planning principles
Select the following links to speeches delivered by Senior Commissioner Roseth in relation to planning principles:
Note: The published planning principle on daylight set out in Allan Robert Cooley and Janet Louise Patterson v City of Sydney Council [2006] NSWLEC 55 has been removed from the Court's website pending refinement in a future judgment that deals with a similar topic.
The principles to be considered when undertaking a merits assessment of a proposed redevelopment of a site with existing use rights were dealt with by Roseth SC in Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71.
In Stromness Pty Ltd v Woollahra Municipal Council [2006] NSWLEC 587 the planning principles in Fodor were considered and confirmed by Pain J at pars 83-89.
Principle 2 was specifically supported in paragraph 87 and principles 1,3 and 4 were specifically supported in paragraph 89.
Her Honour states, in para 89, that care must be exercised in the application of the principles to ensure that there is not a de facto application of standards in environmental planning instruments as that is prohibited by s 108(3) of the Environmental Planning and Assessment Act.
