Cluster Housing Accessways Not Prohibited Under Clause 34.1(d)
⚖️ Legal holding
Clause 34.1(d) of the LEP does not prohibit accessways within a cluster housing development.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Accessways within a cluster housing development are not considered a "development for the purpose of any dwelling-house" under clause 34.1(d) of the LEP.
- The location of parts of the proposed accessways on "development excluded land" does not contravene clause 34.1(d)(i).
❌ Tends to be rejected
- There are no specific arguments identified as rejected by the court in this decision.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
Which laws or rules were applied?
The Interpretation Act 1987 s 33 and the Blue Mountains Local Environmental Plan 1991 cl 34.1(d) were applied.
What was the argument that mattered most?
The argument that mattered most was the interpretation of clause 34.1(d) of the LEP, which defines what constitutes a 'development for the purpose of any dwelling house.'
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, allowing development consent for the amended proposal.
What does this mean for someone in a similar situation?
For someone in a similar situation, this means that accessways within a cluster housing development are not prohibited under clause 34.1(d) of the LEP, allowing for development consent.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.