Paynter Dixon Constructions Pty Ltd v Fairfield City Council [2011] NSWLEC 127

Land and Environment Court New South Wales

Medium Neutral Citation: Paynter Dixon Constructions Pty Ltd v Fairfield City Council [2011] NSWLEC 127 Hearing dates: 7, 8 February 2011 Decision date: 27 July 2011 Jurisdiction: Class 1 Before: Craig J Decision: 1. Appeal dismissed. 2. Development Application 502.1/2009 lodged with the Council on 2 June 2009 is refused. 3. Unless either party applies within 7 days of this order, there will be no order for costs. 4. Exhibits may be returned. Catchwords: ENVIRONMENT & PLANNING - appeal from deemed refusal of development consent - permissibility of development - whether development for the purpose of a "motel" - application of proper characterisation principles - practical and common sense approach - development prohibited - whether development permissible on its merits - development inconsistent with zone objectives - consideration of development condition in relation to access to site - appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Rule 3.7 Registered Clubs Act 1976 (NSW) Roads Act 1993 Cases Cited: Abret Pty Ltd v Wingecaribee Shire Council [2011] NSWCA 107 Baulkham Hills Shire Council v O'Donnell (1990) 69 LGRA 404 Chamwell v Strathfield City Council [2007] NSWLEC 114; (2007) 151 LGERA 400 Foodbarn Pty Ltd v Solicitor General (1975) 32 LGRA 157 Macquarie International Health Clinic Pty Ltd v University of Sydney (1998) 98 LGERA 218 Shire of Perth v O'Keefe [1964] HCA 37; (1964) 110 CLR 529 Swansea RSL Club and Rosecorp Pty Ltd v Council of the City of Lake Macquarie [2005] NSWLEC 755 Woollahra Municipal Council v Minister for the Environment (191) 23 NSWLR 710 Category: Principal judgment Parties: Paynter Dixon Constructions Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Mr J E Robson SC (Applicant) Mr A E Galasso SC (Respondent) Norton Rose Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 10547 of 2010