Can a by-law prohibit the cooking of food including toasting bread in a lot?
In short, the answer is “no” according to NCAT. However, there is a silver lining in NCAT’s ruling.
There is a large residential strata building located in Newcastle, New South Wales. The building contains 87 residential lots. The building was previously an aged care facility.
The building contains a commercial kitchen for shared use by the building’s occupants. Some of the lot’s also contain a kitchenette, other smaller lot’s do not and rely on the shared kitchen.
The buildings cooking by-law prohibited the cooking of food in any lot without kitchen facilities. However, a lot owner objected to the by-law and applied to NCAT for an order to invalidate the by-law.
Here we share the case and outcome… NCAT Invalidates No Cooking By-law
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