Hornsby Shire Council v Monk [2001] NSWLEC 248

Land and Environment Court of New South Wales

CITATION : Hornsby Shire Council v Monk [2001] NSWLEC 248 APPLICANT: Hornsby Shire Council PARTIES : RESPONDENT: Monk FILE NUMBER(S) : 40194 of 2000 CORAM: Bignold J KEY ISSUES: Injunctions and Declarations :- use of residential premises on a shared accommodation basis-whether use is multi unit housing LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Jones v Sutherland Shire Council (1979) 40 LGRA 323 ; Slazengers (Aust) Pty Ltd v Emerson (1967) 69 SR (NSW) 144 DATES OF HEARING: 17 October 2001 DATE OF JUDGMENT: 10/25/2001

APPLICANT: Mr P Clay, Barrister SOLICITORS McKees Legal Solutions

LEGAL REPRESENTATIVES: RESPONDENT: In Person SOLICITORS N/A

JUDGMENT:

IN THE LAND AND Matter No. 40194 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 25 October 2001

HORNSBY SHIRE COUNCIL

Applicant

v

IAN LESLIE MONK

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. By its amended class 4 application filed 3 August 2001, the Applicant (the Council) seeks declaratory and injunctive relief against the Respondent in respect of the use of residential premises owned and occupied by him, known as No 8 Stanley Road, Epping (the subject premises).

2. The Council claims that the current use of the subject premises is in breach of the Environmental Planning and Assessment Act 1979 (the EP&A Act) in that the use is properly categorised for planning purposes (and in particular, for the purposes of the Hornsby Shire Local Environmental Plan 1994 (the LEP) as: (i.) multi-unit housing; or (ii.) a boarding house without the provision of meals; or (iii.) a house let in lodgings; or (iv.) otherwise than as a dwelling-house