Vic Vellar Nominees Pty Limited v Wollongong City Council [2010] NSWLEC 212

Vic Vellar Nominees Pty Limited v Wollongong City Council [2010] NSWLEC 212

The existence and utility of a separate question common to all four proceedings, focused on whether the northern and southern buildings are 'existing dwelling houses' under cl 13(2) of WLEP, justifies the order for determination of that question and directions to hearing.

Parties
Applicant in 10434 of 2009, 10384 of 2010, 40712 of 2010; Respondent in 40838 of 2009: Vic Vellar Nominees Pty Limited; Respondent in 10434 of 2009, 10384 of 2010, 40712 of 2010; Applicant in 40838 of 2009: Wollongong City Council
Jurisdiction
Australia
Judgment Date
19 October 2010
Procedural Posture
Joint Application Regarding Four Pending Proceedings / Order for Determination of a Separate Question and Directions Made
Outcome
order for determination of a separate question and directions made
Legal Topics
Determination of Separate Question, Definition of Existing Dwelling House, Local Environmental Plan Interpretation, Subdivision Consent
Practice and Procedure Planning and Environment Law Determination of Separate Question Definition of Existing Dwelling House Local Environmental Plan Interpretation Subdivision Consent

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Parties

Vic Vellar Nominees Pty Limited

Applicant in 10434 of 2009, 10384 of 2010, 40712 of 2010; Respondent in 40838 of 2009

Wollongong City Council

Respondent in 10434 of 2009, 10384 of 2010, 40712 of 2010; Applicant in 40838 of 2009

Procedural Posture

Joint Application Regarding Four Pending Proceedings / Order for Determination of a Separate Question and Directions Made

Legal Issues

  1. 1 Whether the 'northern building' and 'southern building' on the land are each an 'existing dwelling house' for the purposes of cl 13(2) of Wollongong Local Environmental Plan 1990

Ratio Decidendi

The existence and utility of a separate question common to all four proceedings, focused on whether the northern and southern buildings are 'existing dwelling houses' under cl 13(2) of WLEP, justifies the order for determination of that question and directions to hearing.

Court Disposition

order for determination of a separate question and directions made

Orders

  • A separate question in accordance with paragraph 1 of the minutes of order annexed hereto is ordered.
  • Directions are made in accordance with paragraphs 2-9 of the minutes of order annexed hereto leading to hearing of the separate question.