Mekler v Great Lakes Council [2002] NSWLEC 107

Mekler v Great Lakes Council [2002] NSWLEC 107

Lot 32 does not have approval for the use of a service station; therefore, the proposed car wash facility constitutes a prohibited use in the zone, as it is not ancillary to a lawful service station use on Lot 32.

Jurisdiction
Australia
Judgment Date
03 July 2002
Procedural Posture
Appeal / Preliminary Question of Law
Outcome
Question of law answered 'No'. Appeal stood over. Costs reserved.
Legal Topics
['development Application' 'zoning' 'permissible Use' 'local Environmental Plans']
['planning and Environment'] ['development Application' 'zoning' 'permissible Use' 'local Environmental Plans']

Case Brief

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Procedural Posture

Appeal / Preliminary Question of Law

Legal Issues

  1. 1 ["Whether the proposed car wash development is permissible in Zone '2(b) Medium Density Residential' under the Great Lakes Local Environmental Plan 1996"]

Ratio Decidendi

Lot 32 does not have approval for the use of a service station; therefore, the proposed car wash facility constitutes a prohibited use in the zone, as it is not ancillary to a lawful service station use on Lot 32.

Court Disposition

Question of law answered 'No'. Appeal stood over. Costs reserved.

Orders

  • ["The question posed for determination is answered 'No'." "Appeal stood over to Registrar's call over list on 4 July 2002." 'Exhibits be returned.' 'Costs be reserved.']