Lane Cove Council v Ross (No 2)

Lane Cove Council sought to enforce a prohibition notice issued under the Environmental Planning and Assessment Act 1979 (NSW) against the defendant, Ross. The notice required Ross to stop the operation of a business on his property, alleging it constituted an unauthorised development. Ross contested the prohibition, arguing the business was exempt from the development controls of the relevant planning scheme. The dispute was heard in the Supreme Court of New South Wales.

The primary legal issue was whether Ross’s business activities constituted “development” as defined in the Environmental Planning and Assessment Act 1979 (NSW). The court needed to determine if the business operations were exempt from the definition of development under the planning scheme, and whether the prohibition notice was validly issued. The interpretation of the planning scheme and its exemptions played a central role in the court's deliberations.

The court found that Ross's business activities did indeed constitute development under the Act, as they were not exempt from the definition provided in the planning scheme. The court emphasised that the exemption provisions were narrowly construed and did not cover Ross’s operations. Consequently, the prohibition notice was validly issued, and the Council was entitled to enforce it. The court dismissed Ross’s appeal, upholding the Council’s enforcement action.

ORDERS:
The court ordered that the prohibition notice remain in effect and that Ross comply with its terms. Further, the court ordered Ross to pay the Council’s costs of the proceeding.