GrainCorp Operations Ltd v Liverpool Plains Shire Council [2013] NSWCA 171

GrainCorp Operations Ltd v Liverpool Plains Shire Council [2013] NSWCA 171

The proposed workforce accommodation facility is a 'residential building' for the purposes of Item 5 of the land use table under clause 9 of the Parry Local Environmental Plan 1987, as it is used as a settled or habitual abode for mine workers during rostered work shifts. The discontinuity of occupation or the absence of a permanent allocation of rooms does not take the use outside the concept of a residential building. Accordingly, the development consent was for a prohibited use and is invalid.

Parties
Appellant: GrainCorp Operations Ltd; First Respondent: Liverpool Plains Shire Council; Second Respondent: The Mac Services Group; Third Respondent: Northern Joint Regional Planning Panel
Jurisdiction
Australia
Judgment Date
14 June 2013
Procedural Posture
Appeal / Judgment From Court of Appeal, Appeal Against Land and Environment Court Decision
Outcome
Appeal allowed
Legal Topics
Characterisation of Development Applications, Construction of Local Environment Plan, Development Consents—validity
Environment and Planning Law Characterisation of Development Applications Construction of Local Environment Plan Development Consents—validity

Case Brief

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Parties

GrainCorp Operations Ltd

Appellant

Liverpool Plains Shire Council

First Respondent

The Mac Services Group

Second Respondent

Northern Joint Regional Planning Panel

Third Respondent

Procedural Posture

Appeal / Judgment From Court of Appeal, Appeal Against Land and Environment Court Decision

Legal Issues

  1. 1 Whether the consent for a workforce accommodation facility was prohibited as a 'residential building' under the Parry Local Environmental Plan 1987
  2. 2 Proper construction of the term 'residential buildings' in the relevant local environmental plan
  3. 3 Whether the nature of the workforce accommodation facility is sufficiently 'residential' in character for the prohibition to apply

Ratio Decidendi

The proposed workforce accommodation facility is a 'residential building' for the purposes of Item 5 of the land use table under clause 9 of the Parry Local Environmental Plan 1987, as it is used as a settled or habitual abode for mine workers during rostered work shifts. The discontinuity of occupation or the absence of a permanent allocation of rooms does not take the use outside the concept of a residential building. Accordingly, the development consent was for a prohibited use and is invalid.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Set aside the decision and orders of Lloyd AJ made on 28 July 2012 and, in lieu, declare that the development consent granted by the Northern Joint Regional Planning Panel for the Liverpool Plains Shire Council to The MAC Services Group Ltd on 17 November 2011 for a Workforce Accommodation Facility is invalid and of...