Xuereb v Marrickville Municipal Council [1989] NSWLEC 171

Xuereb v Marrickville Municipal Council [1989] NSWLEC 171

As there was no relevant existing use established for the subject premises, clause 54(1) of the Regulation could not be invoked, and there was no basis to sanction the grant of development consent sought by the applicant.

Jurisdiction
Australia
Judgment Date
23 March 1989
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['development Consent' 'existing Use Rights' 'change of Use']
['planning Law'] ['development Consent' 'existing Use Rights' 'change of Use']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the premises at No. 138 Marrickville Road had existing use rights within the meaning of s.106 of the Environmental Planning and Assessment Act 1979' 'Whether the applicant could invoke clause 54(1) of the Regulation to obtain development consent to change the use from a dwelling to professional chambers for legal practice']

Ratio Decidendi

As there was no relevant existing use established for the subject premises, clause 54(1) of the Regulation could not be invoked, and there was no basis to sanction the grant of development consent sought by the applicant.

Court Disposition

appeal dismissed

Orders

  • ['Appeal be dismissed' 'Development consent refused']