NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Saffioti v Kiama Municipal Council [2017] NSWLEC 65 Hearing dates: 8 February 2017 Date of orders: 05 June 2017 Decision date: 05 June 2017 Jurisdiction: Class 1 Before: Molesworth AJ Decision: See orders at [102]. Catchwords: APPEAL – proposed new dwelling – separate question – existing use – whether development consent able to be granted for proposed development – whether enlargement, expansion or intensification of existing use – whether proposed development "on the land on which the existing use was carried out" – whether entire lot or portion of lot used for purpose of dwelling – whether entire lot is the relevant planning unit – existing dwelling use applicable to entire lot – development consent able to be granted for proposed development Legislation Cited: Environmental Planning and Assessment Act 1979 ss 97, 106, 107, 108, 109B
Environmental Planning and Assessment Regulation 2000 Pt 5, cll 39, 41, 42, 43, 44, 45
Environmental Planning and Assessment Amendment (Existing Uses) Regulation 2007
Environmental Planning and Assessment Further Amendment Regulation 2010
Kiama Local Environmental Plan No. 5 cll 6, 7, 11, 12
Kiama Local Environmental Plan 1996
Kiama Local Environmental Plan 2011
Local Government Act 1919 ss 305, 306, 310, 311, 314
Uniform Civil Procedure Rules 2005 r 28.2 Cases Cited: Auburn Council v Nehme (1999) 106 LGERA 19; [1999] NSWCA 383
Botany Bay City Council v Workmate Abrasives Pty Ltd (2004) 138 LGERA 120
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