F & W Investment Pty Limited v Pittwater Council [2003] NSWLEC 243

F & W Investment Pty Limited v Pittwater Council [2003] NSWLEC 243

The appeal was upheld by consent because the original s 121B order was to be revoked and replaced with a more particular order reflecting that the development consent did not authorise general conference or convention use, while not precluding conferences or conventions whose only participants were occupants of the three approved bed and breakfast guest rooms for overnight accommodation.

Jurisdiction
Australia
Judgment Date
10 June 2003
Procedural Posture
Appeal Pursuant to S 121 ZK of the Environmental Planning and Assessment Act 1979 Against an Order Issued Under S 121 B of That Act / Ex Tempore Judgment; Orders by Consent
Outcome
Appeal upheld; original Council order revoked and substituted; no order as to costs other than the prior costs order made by Talbot J on 25 February.
Legal Topics
['development Consent' 'bed and Breakfast Use' 'conferences and Conventions' 'council Orders' 'ancillary Use']
['planning and Environment Law' 'development Control'] ['development Consent' 'bed and Breakfast Use' 'conferences and Conventions' 'council Orders' 'ancillary Use']

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Procedural Posture

Appeal Pursuant to S 121 ZK of the Environmental Planning and Assessment Act 1979 Against an Order Issued Under S 121 B of That Act / Ex Tempore Judgment; Orders by Consent

Legal Issues

  1. 1 ['Whether a development consent for a dwelling with a bed and breakfast component authorised use of the premises for conferences or conventions.' "Whether the Council's s 121B order requiring cessation of conferences and/or conventions should be confirmed, revoked, or substituted."]

Ratio Decidendi

The appeal was upheld by consent because the original s 121B order was to be revoked and replaced with a more particular order reflecting that the development consent did not authorise general conference or convention use, while not precluding conferences or conventions whose only participants were occupants of the three approved bed and breakfast guest rooms for overnight accommodation.

Court Disposition

Appeal upheld; original Council order revoked and substituted; no order as to costs other than the prior costs order made by Talbot J on 25 February.

Orders

  • ['The appeal be upheld.' 'The Order pursuant to s 121B of the Environmental Planning and Assessment Act 1979 issued by the Council on 24 June 2002 to the Applicant being the owner of the premises, 65 Binya Road Palm Beach be revoked and there be substituted for the revoked Order the following Order addressed to the...