Save the Robots Pty Ltd ATF Save the Robots Trust v The Council of the City of Sydney [2025] NSWLEC 149 — Appeal & Appeal On Questions Of Law — Barrister AI
Save the Robots Pty Ltd ATF Save the Robots Trust v The Council of the City of Sydney
Commissioner’s decision not to grant development consent to a digital advertising sign
advertising prohibited
Quick Take
1The requirement in paragraph (a) of the definition of 'existing use' in s 4.65 of the EPA Act that a use be 'for a lawful purpose' requires establishing not only that the use itself was lawful but also that the building or structure used for that purpose was lawfully erected; the existing use provisions do not protect uses of unlawfully erected structures.
2Where a holder of pre-existing continuing use rights under s 4.68 of the EPA Act elects to take up a time-limited development consent to alter or rebuild the building the subject of the continuing use, the continuing use is changed to a use in accordance with the terms of that consent, and the use ceases to be lawful upon expiry of the consent.
3On an appeal under s 8.7(1) of the EPA Act, the Court has no jurisdiction to grant consent to a development not the subject of the development application, and the power under s 4.17(1)(g) to impose conditions modifying details of the proposed development does not extend to radically transforming the development into a fundamentally different one.
