Mitchell v Wollondilly Shire Council [2000] NSWLEC 54

Mitchell v Wollondilly Shire Council [2000] NSWLEC 54

The proposed use does not fall within the definition of 'industry' in the LEP, but constitutes 'commercial premises,' which are prohibited in the 1(b) Agricultural Landscape zone, rendering the development not permissible.

Parties
Applicant: Mitchell; Respondent: Wollondilly Shire Council
Jurisdiction
Australia
Judgment Date
21 March 2000
Procedural Posture
Development Application Appeal / Judgment
Outcome
application refused
Legal Topics
Development Consent, Zoning, Definition of 'commercial Premises', Definition of 'industry'
Planning Law Environmental Law Development Consent Zoning Definition of 'commercial Premises' Definition of 'industry'

Case Brief

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Parties

Mitchell

Applicant

Wollondilly Shire Council

Respondent

Procedural Posture

Development Application Appeal / Judgment

Legal Issues

  1. 1 Is the proposed use of a shed as a pet cremation facility an 'industry' or 'commercial premises' within the meaning of the Local Environmental Plan (LEP)?
  2. 2 Is the proposed development permissible in the 1(b) Agricultural Landscape zone?

Ratio Decidendi

The proposed use does not fall within the definition of 'industry' in the LEP, but constitutes 'commercial premises,' which are prohibited in the 1(b) Agricultural Landscape zone, rendering the development not permissible.

Court Disposition

application refused

Orders

  • The proposal is not included within the definition of 'industry' contained in the LEP.
  • The proposal is not permissible in the 1(b) Agricultural Landscape zone as it constitutes 'commercial premises' as defined in the LEP.