Davem Trading Pty Limited v Willoughby City Council [2003] NSWLEC 91

Davem Trading Pty Limited v Willoughby City Council [2003] NSWLEC 91

Clause 6(1) of SEPP No. 22 requires a current lawful use at the time of the development application. As the subject premises are not presently being lawfully used for either a shop or commercial premises, the consent authority lacks power to grant consent for the application.

Jurisdiction
Australia
Judgment Date
05 May 2003
Procedural Posture
Development Application Appeal / Separate Question Determination and Final Judgment
Outcome
Appeal dismissed
Legal Topics
['statutory Interpretation' 'development Application Consent' 'lawful Use of Premises']
['planning Law' 'administrative Law'] ['statutory Interpretation' 'development Application Consent' 'lawful Use of Premises']

Case Brief

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Procedural Posture

Development Application Appeal / Separate Question Determination and Final Judgment

Legal Issues

  1. 1 ['Whether the consent authority has power under cl 6(1) of State Environmental Planning Policy No. 22 to grant consent to the development application']

Ratio Decidendi

Clause 6(1) of SEPP No. 22 requires a current lawful use at the time of the development application. As the subject premises are not presently being lawfully used for either a shop or commercial premises, the consent authority lacks power to grant consent for the application.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']