Harris v Pittwater Council [2006] NSWLEC 697

Harris v Pittwater Council [2006] NSWLEC 697

The dwelling house 23A was built and has been used as a dwelling house in accordance with the definition under the CPSO and was lawfully constructed in about 1960; dual occupancy development provisions in Pittwater LEP 1993 do not retrospectively prohibit existing detached dwellings on the lot.

Jurisdiction
Australia
Judgment Date
07 November 2006
Procedural Posture
Class 4 Proceedings / Judgment
Outcome
Declaration granted
Legal Topics
['lawfulness of Detached Dwelling Houses' 'dual Occupancy Development' 'existing Use Rights']
['planning Law'] ['lawfulness of Detached Dwelling Houses' 'dual Occupancy Development' 'existing Use Rights']

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Procedural Posture

Class 4 Proceedings / Judgment

Legal Issues

  1. 1 ['Whether two detached dwelling houses on a single lot were lawful under Cumberland Planning Scheme Ordinance' 'Whether two existing detached houses are dual occupancy development under Pittwater LEP 1993']

Ratio Decidendi

The dwelling house 23A was built and has been used as a dwelling house in accordance with the definition under the CPSO and was lawfully constructed in about 1960; dual occupancy development provisions in Pittwater LEP 1993 do not retrospectively prohibit existing detached dwellings on the lot.

Court Disposition

Declaration granted

Orders

  • ['On a proper construction of Pittwater LEP 1993 the use of the property, being Lot 22A in DP18005, Folio Identifier 22A/18005 known as 23 Paradise Avenue, Paradise Beach, Clareville as the site of the two dwelling houses presently erected thereon, is lawful.' 'Exhibits to be returned.' 'The question of costs is...