Marcolongo & Anor -V- Pittwater Council [1999] NSWLEC 85

Land and Environment Court of New South Wales CITATION: Marcolongo & Anor -V- Pittwater Council [1999] NSWLEC 85

PARTIES APPLICANT: Marcolongo & Anor

RESPONDENT: Pittwater Council

NUMBER: 10901 of 1998

CORAM: Lloyd J

KEY ISSUES: Question of Law :- unzoned land - whether relevantly regulated

Land & Environment Court Rules LEGISLATION CITED: Environmental Planning & Assessment Act 1979 Pittwater Local Environmental Plan 1993

DATES OF HEARING: 04/06/1999

DATE OF JUDGMENT DELIVERY: 04/15/1999

APPLICANT: D P Wilson SOLICITORS: Greg Dunstan & Associates LEGAL REPRESENTATIVES: RESPONDENT: I J Hemmings SOLICITORS: Malleson Stephen Jaques

JUDGMENT:

JUDGMENT

HIS HONOUR:

1. This is the separate determination of preliminary questions of law pursuant to the Supreme Court Rules Pt 31 r 2(1), which is applied to this Court by the Land & Environment Court Rules Pt 6 r 1(1).

2. Four questions were initially referred to me for determination. The parties agreed that the first question was a question of fact and not a question of law. The parties also agreed that the fourth question was no longer one which needed to be answered. Accordingly the following two questions as framed by the respondent remain: (1) Whether the effect of part of the land being unzoned, having regard to the terms of the Pittwater Local Environmental Plan 1993 and section 76B(b) of the Environmental Planning & Assessment Act 1979 is that the development of the land for all purposes, including subdivision, is prohibited.