Reset & Sweat Pty Ltd v Northern Beaches Council [2022] NSWLEC 1203

Land and Environment Court New South Wales

Medium Neutral Citation: Reset & Sweat Pty Ltd v Northern Beaches Council [2022] NSWLEC 1203 Hearing dates: 7-8 April 2022 Date of orders: 19 April 2022 Decision date: 19 April 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Control Order Ref No. EPA2021/0045 to "Stop using the premises known as 2/384 Pittwater Road North Manly for the purposes of a 'recreation facility (indoor)' as defined by the Warringah Local Environmental Plan 2011" is modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 to extend the period of time to comply with the Order until 10 September 2023, subject to the terms set out in the modified Order at Annexure A. (3) The exhibits, other than Exhibits 1, A, F and M, are returned. Catchwords: DEVELOPMENT CONTROL ORDER – appeal against a development control order directing the applicant to stop using the premises for the purpose of a recreation facility (indoor) – premises being used as a fitness gymnasium operated for the purposes of gain – no development consent – prohibited use – extension of the period time to comply with the Order subject to terms Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.65, 8.18, 9.34, 9.46. Sch 5 Pt 1, Pt 2 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 Pittwater Local Environmental Plan 2014 Warringah Local Environmental Plan 2011, dictionary Cases Cited: Imaroo Flyer Pty Ltd v Berrigan Shire Council [2010] NSWLEC 1251 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Reset & Sweat Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Fozzard (Applicant) J Reid (Respondent)