ARTICLE · 07 FEBRUARY 2008

New Law On SEPP 1 Objections – When Is Non-Compliance With A Development Standard OK?

Gadens Lawyers

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The ability to apply for an exemption from a particular development standard (under SEPP 1) is often very important to the viability of many developments and is highly valued by most developers.

AustraliaEnvironment

The ability to apply for an exemption from a particular development standard (under SEPP 1) is often very important to the viability of many developments and is highly valued by most developers. The drafting of the objection by architects, planners, or developers themselves, will significantly influence whether the SEPP 1 objection can be upheld.

Knowing how to correctly frame an objection, and understanding the types of exemptions that are likely to be granted can greatly influence the constraints and development potential of a particular site.

A recent decision,Wehbe v Pittwater Council [2007] NSW LEC 827, has shed light on the test for the assessment of a SEPP 1 objection. The long-standing 5 part test was set out in Winten Property v North Sydney (2001) 130 LGERA 79:

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