Lawrence and Anor V Camden Council [2000] NSWLEC 56

Land and Environment Court of New South Wales

CITATION : Lawrence and Anor V Camden Council [2000] NSWLEC 56 APPLICANT: Lawrence and Anor PARTIES : RESPONDENT: Camden Council FILE NUMBER(S) : 10887 of 1998 CORAM: Bignold J KEY ISSUES: Development - Question of Law :- Development - application to establish a "home business" Question of Law - Preliminary determination of question of law - whether "home business" a permissible development in association with use of caravan as residence. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 CASES CITED: O'Brien v Warringah Shire Council (1977) 2NSWLR 417 at 437 DATES OF HEARING: 16/03/00 EX TEMPORE 03/16/2000 JUDGMENT DATE :

APPLICANT: Mr Campbell, Barrister SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr Clay, Barrister SOLICITORS Marsdens

JUDGMENT: IN THE LAND AND Matter No . 10887 of 1998 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 16 March 2000

R K LAWRENCE

Applicants

v

CAMDEN COUNCIL

Respondent

REASONS FOR JUDGMENT ON PRELIMINARY QUESTIONS OF LAW

Bignold J:

A. INTRODUCTION

1. These are class 1 proceedings involving an appeal pursuant to the Environmental Planning and Assessment Act 1979 s 97 against the Council's refusal of a development application to establish a "home business" on a parcel of land known as 729 Camden Valley Way, Catherine Field (the subject land) which is included in the Rural "A" Zone under Camden Local Environmental Plan No 48 (the LEP).