Lismore City Council v Dajoco Investments Pty Ltd [2021] NSWLEC 59

Land and Environment Court New South Wales

Medium Neutral Citation: Lismore City Council v Dajoco Investments Pty Ltd [2021] NSWLEC 59 Hearing dates: 16, 17, 18 February and 26 March 2021 Date of orders: 9 June 2021 Decision date: 09 June 2021 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraph 94 Catchwords: ENVIRONMENT AND PLANNING – s 4.1 and 4.2 EP&A Act – development without development consent – whether deck is exempt development – deck exceeds nominated height in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 so is not exempt development – deck requires development consent. ENVIRONMENT AND PLANNING – development requiring consent – installation of stove – no requirement to obtain development consent. ENVIRONMENT AND PLANNING – s 4.3 EP&A Act – prohibited development – whether residential use was an ancillary use – residential use is a separate and independent use – caretaking activities do not alter characterisation of use. DISCRETION – s 9.46 EP&A Act – residential use of premises inconsistent with objectives of zone – regard to length of time applicant has been in residential occupation – regard to evidence of shortage of residential accommodation – operation of orders to be deferred for 12 month period. Legislation Cited: Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Baulkham Hills Shire Council v O'Donnell (1990) 69 LGRA 404 Foodbarn Pty Ltd v Solicitor-General (NSW) (1975) 32 LGRA 157 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Lismore City Council (Applicant) Dajoco Investments Pty Ltd (First Respondent) Darren Coyne (Second Respondent) Representation: Counsel: Ms N Hammond (Applicant) Mr A Oshlack, agent (First and Second Respondents)