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We have dealt with planning principles in some detail in our article on view loss and the right to a view. You can click hereto read that article.
The Court defines a planning principle to mean ‘a 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’. However, planning principles are not law and cannot be enforced in the same way that a law can.
Accordingly, while it is preferable for a council to consider the application of planning principles when a development application is being assessed, the adherence or otherwise of the application to the particular planning principle will not necessarily have any decisive bearing on the outcome of that assessment.
The Land and Environment Court website has posted a table of cases addressing different planning principles. They include ‘aesthetics’, ‘height, bulk and scale’, ‘heritage’, ‘noise’, ‘seniors living’ and many more. You can review the different planning principles on Land and Environment Court website here.
If you have any questions regarding planning principles and how they may apply to your development, please contact us.
Lorri is a director of PDC Law. Lorri combines excellent technical expertise with a common-sense approach to best represent her clients. She is one of few Accredited Specialists in Commercial Litigation in the Illawarra and Shoalhaven. This accreditation is testament to Lorri’s expert knowledge and skill in dealing with commercial disputes. In 2019 Lorri was awarded Regional Lawyer of the Year by Women Lawyers Achievement Awards.
