Georgouras & Anor v Warringah Council [2010] NSWLEC 1246

Georgouras & Anor v Warringah Council [2010] NSWLEC 1246

Having regard to the extent and nature of the activities in the office area, including accepted office activities associated with the business conducted at the factory/warehouse, the childminding and supervision of the older children's education were an incidental domestic use to the approved ancillary office use. Even if considered a separate use, they were not an independent use requiring consideration of permissibility or development consent. The premises were not shown to be used in contravention of Development Consent 86/414, so there was no basis for orders 1(c) or 15.

Jurisdiction
Australia
Judgment Date
12 August 2010
Procedural Posture
Appeal Under S121 ZK of the Environmental Planning and Assessment Act 1979 Against an Order Made Under S 121 B of the Act / Hearing Following Termination of S 34 Conciliation Conference; Ex Tempore Judgment
Outcome
Appeal upheld; Council order revoked.
Legal Topics
['section 121 B Order' 'ancillary Use' 'independent Use' 'factory/warehouse With Ancillary Office' 'home Schooling and Childminding on Premises']
['planning and Environment' 'development Consent' 'land Use' 'local Government Orders'] ['section 121 B Order' 'ancillary Use' 'independent Use' 'factory/warehouse With Ancillary Office' 'home Schooling and Childminding on Premises']

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Procedural Posture

Appeal Under S121 ZK of the Environmental Planning and Assessment Act 1979 Against an Order Made Under S 121 B of the Act / Hearing Following Termination of S 34 Conciliation Conference; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the minding of children and supervision of their education in the office area was ancillary or incidental to the approved factory/warehouse use with ancillary office.' 'Whether the use of the office area for childminding and home schooling was an independent use requiring development consent under the Warringah Local Environmental Plan 2000.' 'Whether the premises were being used in contravention of Development Consent Approval 86/414 so as to justify orders 1(c) and 15.']

Ratio Decidendi

Having regard to the extent and nature of the activities in the office area, including accepted office activities associated with the business conducted at the factory/warehouse, the childminding and supervision of the older children's education were an incidental domestic use to the approved ancillary office use. Even if considered a separate use, they were not an independent use requiring consideration of permissibility or development consent. The premises were not shown to be used in contravention of Development Consent 86/414, so there was no basis for orders 1(c) or 15.

Court Disposition

Appeal upheld; Council order revoked.

Orders

  • ['The appeal is upheld.' 'The order issued under s 121B of the Environmental Planning and Assessment Act by Warringah Council on 3 June 2010 to Mr Nicholas Georgouras and Mrs Janet Georgouras relating to premises at unit 10, 27 Dale Street, Brookvale, is revoked.' 'The exhibits are returned except for exhibits 2 and...