NSW Caselaw
Reported Decision : 162 LGERA 247
Land and Environment Court of New South Wales
CITATION : Greengate Consulting (NSW) Pty Ltd trading as Greengate Property Group v Ashfield Municipal Council [2008] NSWLEC 253 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT: Greengate Consulting (NSW) Pty Ltd trading as Greengate Property Group PARTIES : RESPONDENT: Ashfield Municipal Council
FILE NUMBER(S) : 10421 of 2008
CORAM: Biscoe J
Development Application :- whether development application lodged "on the basis of existing use rights" is incompetent - whether existing use rights under Division 10 of Part 4 of Environmental Planning and Assessment Act 1979 - provision of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 that an application to carry out development may be made only by or on behalf of Director-General of Department of Housing or a social housing provider - whether has the effect of prohibiting the use within the meaning of s 106(b)(i) of Environmental Planning and Assessment Act 1979 - whether "prohibiting the use" in s 106(b)(i) means prohibiting the use by particular classes of users. KEY ISSUES: Existing use - whether development application lodged "on the basis of existing use rights" is incompetent - whether existing use rights under Division 10 of Part 4 of Environmental Planning and Assessment Act 1979 - provision of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 that an application to carry out development may be made only by or on behalf of Director-General of Department of Housing or a social housing provider - whether has the effect of prohibiting the use within the meaning of s 106(b)(i) of Environmental Planning and Assessment Act 1979 - whether "prohibiting the use" in s 106(b)(i) means prohibiting the use by particular classes of users.
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