Where am I now? Lawlink > Homepage > Practice and Procedure > Planning Principles  Print page   Planning Principles What is a 'planning principle'? Speeches/papers concerning planning principles Current planning principles What is a 'planning principle'? A planning principle is: statement of a desirable outcome from; a chain of reasoning aimed at reaching; or 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 speechesor papers on planning principles: "Planning Principles and Consistency of Decisions" - Roseth SC (February 2005) "Developing Planning Principles" - Roseth SC (July 2005) The Relevance of the Court's Planning Principles to the DA Process - Moore SC (May 2009) Current 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. Principle Specific aspect Case Adaptive re-use Adaptive re-use and public interest Michael Hesse v Parramatta City Council [2003] NSWLEC 313 revised - 24/11/2003 Aesthetics Weight to be given to expert opinion on architectural design Architects Marshall v Lake Macquarie City Council [2005] NSWLEC 78 Aesthetics Acceptance or not of proposals of court appointed expert witness PDP (Darlinghurst Apartments) Pty Limited v City of Sydney Council [2005] NSWLEC 41 Brothels Location of brothels Martyn v Hornsby Shire Council [2004] NSWLEC 614 Building envelope Tensions between a prescribed floor space ratio and a prescribed building envelope PDE Investments No 8 Pty Ltd v Manly Council [2004] NSWLEC 355 Compliance Responsibility for monitoring compliance with a condition Dayho v Rockdale City Council [2004] NSWLEC 184 DCPs and Council policies Weight to be given to Development Control Plans and to policies which had been adopted by councils although not embodied in DCPs Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 revised - 01/10/2004 Demolition The extent of demolition - alterations and additions or a new building Edgar Allan Planning Pty Limited v Wollahra Municipal Council [2006] NSWLEC 790 ESD and the precautionary principle Explication of the precautionary principle and framework for its implementation Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133 ESD principles What regard should a consent authority give to the principles of ecologically sustainable development BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 revised - 05/05/2005 FSR FSR - Compatibility in a suburban context Salanitro-Chafei v Ashfield Council [2005] NSWLEC 366 General impact Impact on neighbouring properties Pafburn v North Sydney Council [2005] NSWLEC 444 General impact Reasonableness of and necessity for proposal Super Studio v Waverley Council [2004] NSWLEC 91 Height, bulk and scale Assessment of height, bulk and scale Veloshin v Randwick Council [2007] NSWLEC 428 Heritage Demolition of contributory item in conservation area Helou v Strathfield Municipal Council [2006] NSWLEC 66 Heritage Impact of adjacent development Anglican Church Property Trust v Sydney City Council [2003] NSWLEC 353 Landscaping Imposition of conditions relating to the preservation of landscaping or protection of existing vegetation. Falcomata v Ku-ring-gai Council (No 2) [2005] NSWLEC 459 Licensed premises Extension of trading hours increase in permitted patron numbers or additional attractions Vinson v Randwick Council [2005] NSWLEC 142 Master plans Proposal permissible but inconsistent with Master Plan Aldi Foods Pty Limited v Holroyd City Council [2004] NSWLEC 253 Noise Attenuation measures Stockland Developments v Wollongong Council and others [2004] NSWLEC 470 non-statutory regional planning policies Assessing the role of non-statutory regional planning policies vis-à-vis statutory local plans Direct Factory Outlets Homebush v Strathfield Municipal Council [2006] NSWLEC 318 Open Space Location of communal open space Seaside Property v Wyong Shire Council [2004] NSWLEC 600 Plan of management Adequacy or appropriateness of a plan of management to the particular use and situation Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Privacy General principles Meriton v Sydney City Council [2004] NSWLEC 313 Privacy Use of landscaping to protect privacy Super Studio v Waverley Council [2004] NSWLEC 91 Redevelopment Isolation of site by redevelopment of adjacent site(s) - general Melissa Grech v Auburn Council [2004] NSWLEC 40 Redevelopment Isolation of site by redevelopment of adjacent site(s) - where intensification of development is anticipated Cornerstone Property Group Pty Ltd v Warringah Council [2004] NSWLEC 189 Redevelopment Isolation of site by redevelopment of adjacent site(s) - role of Court in assessing consolidation negotiations Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Redevelopment Existing use rights and merit assessment 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. Stromness Pty Ltd v Woollahra Municipal Council [2006] NSWLEC 587 Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71 Seniors living Seniors living in low density zone GPC No 5 (Wombarra) Pty Ltd v Wollongong City Council [2003] NSWLEC 268 Setbacks Building to the side boundary in residential areas Galea v Marrickville Council [2005] NSWLEC 113 Site dimensions Small or narrow sites CSA Architects v Randwick City Council [2004] NSWLEC 179 Staged development How much information should be provided at Stage 1 Anglican Church Property Trust v Sydney City Council [2003] NSWLEC 353 Subdivision When a residential subdivision application should impose constraints on future development Parrott v Kiama Council [2004] NSWLEC 77 revised - 16/03/2004 Subdivision Solar access for allotments in residential sudivisions Wallis & Moore Pty Limited v Sutherland Shire Council [2006] NSWLEC 713 Sunlight Access to sunlight Parsonage v Ku-ring-gai Council [2004] NSWLEC 347 Surrounding development Compatibility of proposal with surrounding development Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Unusual contemporary design Basis for assessment Totem Queens Park Pty Ltd v Waverley Council [2004] NSWLEC 712 Use Impact of intensification Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277 Views Views – general principles Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Zones Weight to be given to the zoning BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 revised - 05/05/2005 Zones Development at zone interface Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117
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