Hrsto v Canterbury City Council [2013] NSWLEC 195

Hrsto v Canterbury City Council [2013] NSWLEC 195

The principles governing separate determination of a question are satisfied as addressing the preliminary zoning issue may resolve the proceedings efficiently, thus a separate hearing of the identified question is ordered by consent.

Parties
First Applicant: Andrew Hrsto; Second Applicant: Troy Pestano Douglas; Respondent: Canterbury City Council
Jurisdiction
Australia
Judgment Date
15 November 2013
Procedural Posture
Class 1 Merits Development Appeal / Order for Separate Determination of Preliminary Question
Outcome
Order for separate hearing and determination of preliminary question by consent.
Legal Topics
Determination of Separate Question, Development Application, Zoning, Prohibited Development, Shop Top Housing
Planning and Environment Law Civil Procedure Determination of Separate Question Development Application Zoning Prohibited Development Shop Top Housing

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Parties

Andrew Hrsto

First Applicant

Troy Pestano Douglas

Second Applicant

Canterbury City Council

Respondent

Procedural Posture

Class 1 Merits Development Appeal / Order for Separate Determination of Preliminary Question

Legal Issues

  1. 1 Whether the development application seeks consent for 'residential accommodation' which cannot be characterised as 'shop top housing' and is therefore prohibited pursuant to the Canterbury Local Environmental Plan 2012

Ratio Decidendi

The principles governing separate determination of a question are satisfied as addressing the preliminary zoning issue may resolve the proceedings efficiently, thus a separate hearing of the identified question is ordered by consent.

Court Disposition

Order for separate hearing and determination of preliminary question by consent.

Orders

  • The specified question regarding whether the development application seeks consent for 'residential accommodation' which cannot be characterised as 'shop top housing' and is therefore prohibited on land within Zone B2 Local Centre is to be heard separately and in advance of any other questions.
  • Consent directions are made for the hearing of the separate question.