Lismore City Council v Dajoco Investments Pty Ltd

[2021] NSWLEC 59

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Environment and Planning
2. › s 4.1 and 4.2 EP&A Act
3. › development without development consent
4. › whether deck is exempt development
5. › deck exceeds nominated height in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 so is not exempt development
6. › deck requires development consent.
1. Environment and Planning
2. › development requiring consent
3. › installation of stove
4. › no requirement to obtain development consent.
1. Environment and Planning
2. › s 4.3 EP&A Act
3. › prohibited development
4. › whether residential use was an ancillary use
5. › residential use is a separate and independent use
6. › caretaking activities do not alter characterisation of use.
1. Discretion
2. › s 9.46 EP&A Act
3. › residential use of premises inconsistent with objectives of zone
4. › regard to length of time applicant has been in residential occupation
5. › regard to evidence of shortage of residential accommodation
6. › operation of orders to be deferred for 12 month period.