Parkes v Byron Shire Council & Anor [2003] NSWLEC 237

Parkes v Byron Shire Council & Anor [2003] NSWLEC 237

A holiday cabin is a building used or intended to be used for holiday accommodation only and therefore is an establishment providing holiday accommodation within the definition of "tourist facilities". Because tourist facilities are prohibited on the subject zone 7(f2) land under cl 32(4), re-categorising the proposal as holiday cabins would have no utility and the applicant's motions were dismissed.

Jurisdiction
Australia
Judgment Date
08 August 2003
Procedural Posture
Class 1 Proceedings Concerning Development Applications / Ex Tempore Judgment on Notices of Motion
Outcome
Applicant's notices of motion dismissed; proceedings No. 11050 of 2001 dismissed by consent on the first respondent's notice of motion; proceedings No. 10897 of 2001 stood over for further directions.
Legal Topics
['tourist Facilities' 'holiday Accommodation' 'holiday Cabins' 'prohibited Development' 'byron Local Environmental Plan 1988']
['planning and Environment Law' 'statutory Interpretation'] ['tourist Facilities' 'holiday Accommodation' 'holiday Cabins' 'prohibited Development' 'byron Local Environmental Plan 1988']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Proceedings Concerning Development Applications / Ex Tempore Judgment on Notices of Motion

Legal Issues

  1. 1 ['Whether the applicant should be permitted to re-categorise the proposed development as holiday cabins.' 'Whether holiday cabins are prohibited development on land within zone 7(f2) under cl 32(4) of the Byron Local Environmental Plan 1988.' 'Whether the definition of "tourist facilities" requires something more than mere holiday accommodation.']

Ratio Decidendi

A holiday cabin is a building used or intended to be used for holiday accommodation only and therefore is an establishment providing holiday accommodation within the definition of "tourist facilities". Because tourist facilities are prohibited on the subject zone 7(f2) land under cl 32(4), re-categorising the proposal as holiday cabins would have no utility and the applicant's motions were dismissed.

Court Disposition

Applicant's notices of motion dismissed; proceedings No. 11050 of 2001 dismissed by consent on the first respondent's notice of motion; proceedings No. 10897 of 2001 stood over for further directions.

Orders

  • ["No.10897 of 2001: The applicant's notice of motion filed 2 June is dismissed." "No.10897 of 2001: The first respondent's notice of motion filed 27 May 2003 is dismissed." "No.10897 of 2001: The proceedings are stood over to the Registrar's call-over at 9.00 am on 26 September 2003 for further directions."...