Tomasy Pty Ltd v Pittwater Council [2016] NSWLEC 40

Land and Environment Court New South Wales

Medium Neutral Citation: Tomasy Pty Ltd v Pittwater Council [2016] NSWLEC 40 Hearing dates: 13 April 2016 Date of orders: 13 April 2016 Decision date: 13 April 2016 Jurisdiction: Class 1 Before: Pain J Decision: See [19]. Catchwords: APPEAL – Class 1 appeal – separate question of law – whether proposed development permissible on land in the 1(a) Non-Urban Zone of the Pittwater LEP – proposed development prohibited Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 97 Factories, Shops and Industries Act 1962 (NSW) Pittwater Local Environment Plan 1993, cl 9 Pittwater Local Environmental Plan 2014 Cases Cited: Botany Bay City Council v Pet Carriers International Pty Ltd [2013] NSWLEC 147; (2013) 201 LGERA 116 ES Turnbull Pty Ltd v Wollongong City Council (1988) 65 LGRA 353 Mitchell v Wollondilly Shire Council [2000] NSWLEC 54 Category: Procedural and other rulings Parties: Tomasy Pty Ltd (Applicant) Pittwater Council (Respondent) Representation: COUNSEL: T To (Applicant) M Carpenter (Respondent)

SOLICITORS: McCabes Lawyers (Applicant) King & Wood Mallesons (Respondent) File Number(s): 11165 of 2015

EX TEMPORE Judgment 1. On 11 December 2015 the Applicant Matthews Contracting Pty Ltd ("Matthews") through its planning consultant Tomasy Pty Ltd appealed to this Court against Pittwater Council's ("the Council") refusal of development application no. DA N0145/15 ("DA") pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (NSW). By orders made on the Council's Notices of Motion dated 11 February 2016 and 1 March 2016, the following question was listed for separate hearing on 13 April 2016: Is the development proposed by Development Application N0145/15 permissible on land in the 1(a) Non-Urban Zone of the Pittwater Local Environmental Plan 1993?