Dobrohotoff v Bennic [2013] NSWLEC 61

Land and Environment Court New South Wales

Medium Neutral Citation: Dobrohotoff v Bennic [2013] NSWLEC 61 Hearing dates: 23 April, 1 and 2 May 2013 Decision date: 02 May 2013 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [100]. Catchwords: DEVELOPMENT CONSENT: whether short term holiday rental accommodation was prohibited development within the relevant zone - whether the development was "for the purpose of" use as a "dwelling-house" - whether the property was a "dwelling" - whether the property was being used or occupied or capable of being used or occupied as "a separate domicile" - development prohibited.

DECLARATIONS AND INJUNCTIONS: whether appropriate to make declaration - declaration made - whether appropriate to grant interlocutory relief - injunction granted but stayed for limited period of time to mitigate financial impact on respondent - whether appropriate to make notification order of declaratory and injunctive relief granted - notification order refused. Legislation Cited: Civil Procedure Act 2005

Environmental Planning and Assessment Act 1979, ss 4, 76B, 123, 124, 149

Interpretation Act 1987, s 33

Land and Environment Court Act 1979, ss 16(1A), 20(2), 22

Uniform Civil Procedure Rules 2005

Gosford Planning Scheme Ordinance Cases Cited: ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67

Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27

Ashfield Municipal Council v Australian College of Physical Education Ltd (1992) 76 LGRA 151