Association for Better Living and Education Inc v Wyong Shire Council (2) [2014] NSWLEC 1239

Land and Environment Court New South Wales

Medium Neutral Citation: Association for Better Living and Education Inc v Wyong Shire Council (2) [2014] NSWLEC 1239 Hearing dates: 19 August 2014 Decision date: 19 November 2014 Jurisdiction: Class 1 Before: Dixon C Decision: See Orders at [70] and [71] Note. The appeal is referred to the Registrar for further directions and to fix a date for the hearing of the merits of the application. Catchwords: APPEAL - Development application - Separate question - Characterisation of the development - consent sought for a "transitional group home" - definitions in State Environmental Planning Policy (Affordable Rental Housing) 2009 - residential facility for rehabilitation of those recovering from drug and alcohol abuse - whether the proposed development is a "dwelling" within the definition of "transitional group home" Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 s 42 Wyong Local Environmental Plan 2013 Wyong Local Environmental Plan 1991 cl 7 Cases Cited: Association for Better Living and Education Inc v Wyong Shire Council [2014] NSWLEC 96 Blacktown City Council v Haddad [2012] NSWLEC 224 Dooralong Residents Action Group Pty Limited v Wyong Shire Council [2011] NSWLEC 251;186 LGERA 274 at [34]-[35] and [99] McAuley v Northern Joint Regional Planning Panel [2013] NSWLEC 125 South Sydney Municipal Council v James & Anor (1979) 35LGRA 432 Wollondilly Shire Council v 820 Cawdor Road Pty Ltd [2012] NSW LEC 71 Category: Principal judgment Parties: Association for Better Living and Education Inc (Applicant)