La Vie Developments Pty Limited v Shellharbour City Council [2010] NSWLEC 1277

La Vie Developments Pty Limited v Shellharbour City Council [2010] NSWLEC 1277

Even assuming that the dominant use of the land was farming and that the use generated profit on a continuous or repetitive basis, the use of the land to raise a maximum of thirteen calves per annum with gross annual income of about $6,500 could not satisfy the requirement that the dominant use have a significant and substantial commercial purpose or character under s 515 of the Local Government Act 1993.

Jurisdiction
Australia
Judgment Date
25 June 2010
Procedural Posture
Appeal Against Refusal to Categorise Land as Farm Land / Extempore Judgment After Hearing
Outcome
Appeal dismissed
Legal Topics
['classification of Land' 'farm Land Categorisation' 'dominant Use of Land' 'significant and Substantial Commercial Purpose or Character']
['local Government' 'land and Environment'] ['classification of Land' 'farm Land Categorisation' 'dominant Use of Land' 'significant and Substantial Commercial Purpose or Character']

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Procedural Posture

Appeal Against Refusal to Categorise Land as Farm Land / Extempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the land owned by the applicant should be categorised as farm land under s 515 of the Local Government Act 1993.' 'Whether the dominant use of the land was farming.' 'Whether the dominant use of the land had a significant and substantial commercial purpose or character.' 'Whether the dominant use of the land was engaged in for the purpose of profit on a continuous or repetitive basis.']

Ratio Decidendi

Even assuming that the dominant use of the land was farming and that the use generated profit on a continuous or repetitive basis, the use of the land to raise a maximum of thirteen calves per annum with gross annual income of about $6,500 could not satisfy the requirement that the dominant use have a significant and substantial commercial purpose or character under s 515 of the Local Government Act 1993.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The exhibits, other than the formal papers on the file, are returned.']