F & W Investment Pty Limited v Pittwater Council [2003] NSWLEC 243

> Land and Environment Court of New South Wales

CITATION : F & W Investment Pty Limited v Pittwater Council [2003] NSWLEC 243 APPLICANT: F & W Investment Pty Limited PARTIES : RESPONDENT: Pittwater Council FILE NUMBER(S) : (1)0385 of 2002 CORAM: Bignold J KEY ISSUES: Development Consent :- whether consent for dwelling with bed and breakfast component authorises use of premises for conferences or conventions LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 121ZK CASES CITED: DATES OF HEARING: 10/06/2003 EX TEMPORE JUDGMENT DATE : 06/10/2003

APPLICANT: Mr P Clay, Barrister SOLICITORS BTS Lawyers

LEGAL REPRESENTATIVES: RESPONDENT: Mr D Parry, Barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

1. This was an appeal pursuant to s 121ZK of the Environmental Planning and Assessment Act 1979 against the issue of an Order pursuant to s 121B of that Act by the Council on the Applicant dated 24 June 2002 (the Order).

2. The Order was expressed to be made in respect of premises known as 65 Binya Road Palm Beach and in terms the Order required the owner, the Applicant in these proceedings being the owners of the subject premises, "to comply with the terms set out in schedule one to this Order within the time specified in the schedule below". The notice continues: The reasons why this Order is given to you are, it has come to the Council's attention through public complaint that conferences and/or conventions have been conducted at the subject property. This use is not considered as being ancillary to the approved bed and breakfast use. Under Pittwater Local Environmental Plan 1993, the zoning of the site is Residential 2A, it is determined that the use of carrying out conferences and/or conventions is prohibited within the zone.