Existing Use Rights: Change to Conforming Use Requires Consideration of LEP Development Standards

A change from an existing use to a conforming use now requires Council's LEP development standards to be considered in any assessment of the development application.

Iris Diversified Property Pty Limited v Randwick City Council [2010] NSWLEC 58

The Land and Environment Court recently determined that where land with the benefit of existing use rights seeks to change the use to a conforming use (permissible in the zone) the provisions of the relevant Local Environmental Plan (LEP)have force and effect and where there is a proposed departure from any development standard a SEPP 1 objection will be required.

The Applicant owns land at Clovelly on which the Hotel Clovelly stands. The land has been used for hotel purposes since at least 1926 and has existing use rights as a hotel. The land is zoned "2C (Residential C Zone)" pursuant to Randwick Local Environmental Plan 1998 (the LEP) and development for the purposes of "hotel" is prohibited in the zone.