Roger Traves KC (with J E Bowness) represented the First Respondent, instructed by Corrs Chambers Westgarth.
McEnearney sought leave to appeal a decision by the Planning and Environment Court, which dismissed her appeal against the council’s approval of a development application. McEnearney submitted that the primary judge erred by excusing the exceedance in building height. The court held that no error of law was established as the new application was assessed in accordance with s 82 of the Planning Act. Furthermore, the court could not accept McEnearney’s submission that the primary judge erred by failing to give effect to community expectations; reasoning that community expectations should not only be informed by the adopted planning controls, but also by what exists ‘on the ground’. The court ultimately refused the application for leave.
The judgment can be read by clicking here
