Tomasy Pty Ltd v Pittwater Council [2016] NSWLEC 40

Tomasy Pty Ltd v Pittwater Council [2016] NSWLEC 40

The development application is for commercial premises, which is a prohibited development in the 1(a) Non-Urban zone under clause 9 of Pittwater Local Environmental Plan 1993. The activities on-site do not satisfy the definition of industry as per the LEP, and off-site activities are irrelevant to the purpose of the DA for land use. Thus, the proposed development is not permissible.

Jurisdiction
Australia
Judgment Date
13 April 2016
Procedural Posture
Appeal Class 1 Appeal / Separate Question of Law
Outcome
Development application is impermissibly seeking consent for prohibited development
Legal Topics
['permissibility of Development' 'land Use Zoning' 'interpretation of Local Environmental Plan' 'industry and Commercial Premises Definitions']
['planning and Environment Law'] ['permissibility of Development' 'land Use Zoning' 'interpretation of Local Environmental Plan' 'industry and Commercial Premises Definitions']

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Procedural Posture

Appeal Class 1 Appeal / Separate Question of Law

Legal Issues

  1. 1 ['Whether the proposed development is permissible on land zoned 1(a) Non-Urban Zone under the Pittwater Local Environmental Plan 1993' 'Whether the development qualifies as an industry directly associated with extractive industries' "Characterisation of activities as 'industry' or 'commercial premises' under Model Provisions and PLEP 1993"]

Ratio Decidendi

The development application is for commercial premises, which is a prohibited development in the 1(a) Non-Urban zone under clause 9 of Pittwater Local Environmental Plan 1993. The activities on-site do not satisfy the definition of industry as per the LEP, and off-site activities are irrelevant to the purpose of the DA for land use. Thus, the proposed development is not permissible.

Court Disposition

Development application is impermissibly seeking consent for prohibited development

Orders

  • ["Preliminary question answered 'no': The development proposed by Development Application N0145/15 is not permissible on land in the 1(a) Non-Urban Zone of the Pittwater Local Environmental Plan 1993."]