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The information, opinions and commentary published on this website are provided for general information and discussion purposes only. They represent the professional opinions of Brett Daintry, based on his qualifications, professional experience and understanding of the law, planning framework and regulatory practice as at the date of publication. The content does not constitute legal advice, planning law advice, or any other form of professional legal opinion, and must not be relied upon as a substitute for obtaining advice that is specific to your individual circumstances. Planning, environmental, building and local government matters are highly fact-specific and frequently involve complex statutory interpretation, changing legislation, regulations, environmental planning instruments, policies and judicial decisions. The application of the law will depend upon the particular facts and circumstances of each case.
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Abstract
The determination of "ground level (existing)" for the purposes of calculating height of buildings under Standard Instrument Local Environmental Plans remains one of the most technically contested issues in NSW development assessment. Three decisions of the NSW Land and Environment Court — Bettar v Council of the City of Sydney [2014] NSWLEC 1070, Nicola v Waverley Council [2020] NSWLEC 1599, and Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582 — define the current jurisprudential landscape. This paper reviews each approach in turn and advances a correction to what has become an entrenched but technically inaccurate description of the Bettar method: the technique applied in that case, and extended in Nicola, is properly characterised as interpolation, not extrapolation.
Read the paper: 3 July 2026 - Ground Level (Existing) and the Measurement of Building Height in NSW