Moore Development Group Pty Limited v Pittwater City Council [2003] NSWLEC 130

Moore Development Group Pty Limited v Pittwater City Council [2003] NSWLEC 130

The building (excluding the shops and estate agency) is operated as a single motel entity across all three floors, with operational and financial integration of the restaurant, motel and laundry facilities. Therefore, for the purposes of cl 42(2)(b) of the Environmental Planning and Assessment Regulation 2000, 'the land on which the existing use was carried out' is the entire building (excluding the shops and estate agency) and the land upon which it stands, as a single unit.

Parties
Applicant: Moore Development Group Pty Limited; Respondent: Pittwater City Council
Jurisdiction
Australia
Judgment Date
29 May 2003
Procedural Posture
Appeal / Separate Determination of a Question/preliminary Question
Outcome
Question answered; matter to proceed to hearing on merits.
Legal Topics
Existing Use Rights, Interpretation of Planning Instruments, Extent of Land for Existing Use, Development Consent
Planning and Environment Law Existing Use Rights Interpretation of Planning Instruments Extent of Land for Existing Use Development Consent

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Parties

Moore Development Group Pty Limited

Applicant

Pittwater City Council

Respondent

Procedural Posture

Appeal / Separate Determination of a Question/preliminary Question

Legal Issues

  1. 1 What is 'the land on which the existing use was carried out' for the purposes of cl 42(2)(b) of the Environmental Planning and Assessment Regulation 2000 in the circumstances of this case?

Ratio Decidendi

The building (excluding the shops and estate agency) is operated as a single motel entity across all three floors, with operational and financial integration of the restaurant, motel and laundry facilities. Therefore, for the purposes of cl 42(2)(b) of the Environmental Planning and Assessment Regulation 2000, 'the land on which the existing use was carried out' is the entire building (excluding the shops and estate agency) and the land upon which it stands, as a single unit.

Court Disposition

Question answered; matter to proceed to hearing on merits.

Orders

  • The land for the purposes of cl 42(2)(b) of the EP&A Regulation in this case is the entire building in question together with the land on which it stands (excluding the shops and estate agency).
  • Matter listed for call-over before the Registrar for further disposition.