Romeo, Guiseppe and Romeo, Anna Maria v Pittwater Council [2006] NSWLEC 645

Romeo, Guiseppe and Romeo, Anna Maria v Pittwater Council [2006] NSWLEC 645

The proper characterisation of the use approved in 1961 is as a motel complex, encompassing accommodation, restaurant, and shops as integral features of the overall use. The building as a whole benefits from existing use rights within the meaning of s 106(a) of the Environmental Planning and Assessment Act 1979 because the current use is prohibited under the present planning scheme but was lawfully permitted and established prior to its prohibition.

Parties
Applicant: Guiseppe Romeo; Applicant: Anna Maria Romeo; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
12 October 2006
Procedural Posture
Class 4 Application (land and Environment Court of Nsw) / Judgment
Outcome
Declaration granted that the premises as a whole benefit from existing use rights as a motel under s 106(a) of the Environmental Planning and Assessment Act 1979; costs awarded to the applicants.
Legal Topics
Existing Use Rights, Land Use Characterisation, Environmental Planning and Assessment Act 1979, Zoning and Permissible Uses
Environmental Law Planning Law Existing Use Rights Land Use Characterisation Environmental Planning and Assessment Act 1979 Zoning and Permissible Uses

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Parties

Guiseppe Romeo

Applicant

Anna Maria Romeo

Applicant

Pittwater Council

Respondent

Procedural Posture

Class 4 Application (land and Environment Court of Nsw) / Judgment

Legal Issues

  1. 1 Whether the property benefits from existing use rights under Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000
  2. 2 Whether existing use rights apply to the whole or part of the land

Ratio Decidendi

The proper characterisation of the use approved in 1961 is as a motel complex, encompassing accommodation, restaurant, and shops as integral features of the overall use. The building as a whole benefits from existing use rights within the meaning of s 106(a) of the Environmental Planning and Assessment Act 1979 because the current use is prohibited under the present planning scheme but was lawfully permitted and established prior to its prohibition.

Court Disposition

Declaration granted that the premises as a whole benefit from existing use rights as a motel under s 106(a) of the Environmental Planning and Assessment Act 1979; costs awarded to the applicants.

Orders

  • Declaration as per paragraph 1 of the Application Class 4 filed 25 May 2006 that the current use of the premises benefits from existing use rights under s 106(a) of the Environmental Planning and Assessment Act 1979.
  • Respondent to pay applicants' costs.