Southern Highland Properties Pty Limited v Wingecarribee Shire Council [2004] NSWLEC 141

Land and Environment Court of New South Wales

CITATION : Southern Highland Properties Pty Limited v Wingecarribee Shire Council [2004] NSWLEC 141 APPLICANT Southern Highland Properties Pty Limited PARTIES : RESPONDENT Wingecarribee Shire Council FILE NUMBER(S) : 11431 of 2003 CORAM: Talbot J KEY ISSUES: Development Application :- whether for prohibited development - distinction between purpose and development in terms of use LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Wingecarribee Local Environmental Plan 1989 Pt 2, cl 9 CASES CITED: Denis Leech & Associates v Warringah Council (Lloyd J, NSWLEC, 26 June 1997, unreported); McClelland and Others v Willoughby Municipal Council (1972) 25 LGRA 388 DATES OF HEARING: 02/04/2004 DATE OF JUDGMENT: 04/08/2004

APPLICANT Mr DR Parry (Barrister) with Ms MRM Carpenter (Barrister) SOLICITORS NA LEGAL REPRESENTATIVES: RESPONDENT Mr NCT Bilinsky (Barrister) SOLICITORS B Bilinsky & Co

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11431 of 2003

Talbot J

8 April 2004 Southern Highland Properties Pty Limited Applicant v Wingecarribee Shire Council Respondent Judgment 1 Wingecarribee Local Environmental Plan 1989 ("the LEP") provides that any purpose other than a purpose included in Item 2 or Item 4 of the Land Use Table ("the table") in respect of zone 3(a) (Business Zone) may be carried out only with development consent. Item 2 identifies development that may be carried out without development consent but has no relevance in the present case. Item 4 includes a description of development that is prohibited as follows:-