Armstrong and Anor v Ashfield Municipal Council (No 2) [2002] NSWLEC 50

The building's use as multiple occupancy residential accommodation, including a residential flat building, constitutes an existing use within the meaning of s 106 of the Environmental Planning and Assessment Act 1979.

Jurisdiction: Australia
Judgment Date: 07 December 2001
Procedural Posture: Application / Judgment
Outcome: application allowed
Legal Topics: ['existing Use Rights' 'historical Records Analysis' 'consent Under Cl 34 of the County of Cumberland Planning Scheme Ordinance' 'categorisation of Use']

['planning Law'] ['existing Use Rights' 'historical Records Analysis' 'consent Under Cl 34 of the County of Cumberland Planning Scheme Ordinance' 'categorisation of Use']

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Procedural Posture

Application / Judgment

Legal Issues

1 ['Whether the use of the building for multiple occupancy residential accommodation is an existing use within the meaning of s 106 of the Environmental Planning and Assessment Act 1979' 'Effect of historical records and consent under cl 34 of the County of Cumberland Planning Scheme Ordinance on the classification of use']

Ratio Decidendi

Court Disposition

application allowed

Orders

['The use of the building on the land for the purpose of multiple occupancy residential accommodation including a residential flat building is an existing use within the meaning of s 106 of the Environmental Planning and Assessment Act 1979.' 'Question of costs reserved.' 'Exhibits may be returned.']