24 The 1967 consent stated:
Approval:-
The County of the Municipality of Ashfield as the responsible authority hereby permits: conversion of the dwelling house to two self-contained residential flats.
25 The 1967 consent conditions stated that the:
approval by the Council of and specifications in compliance with [my emphasis] the Local Government (Regulation of Flats) Amendments Act 1963 , the Local Government Act, 1919 , the ordinances thereunder and the Council's requirements.
26 The consent does not provide approval for a 'residential flat building'. The Applicant, in his written submissions (section 5.9), drew the Court's attention to the definition of a residential flat building (RFB) in the dictionary of the Environmental Planning and Assessment Model Provisions, 1980. The ALEP, clause 8 adopts the definitions given this instrument. In the Applicant's written submissions, he mistakenly stated that a RFB means a building containing two or more dwellings. The correct definition is:
residential flat building means a building containing 3 or more dwellings, but does not include a an attached dwelling or multi dwelling housing.
27 Further perusal of the dictionary definitions in the Environmental Planning and Assessment Model Provisions, 1980 defines dual occupancy, which is in effect what was provided for in the 1967 consent:
dual occupancy means 2 dwellings (whether attached or detached) on one lot of land.
28 As noted by the Respondent, the onus is upon the Applicant to deduce the appropriate evidence to demonstrate existing use (see Wollongong City Council v Ensile Pty Limited; Wollongong City Council v Hogarth (No 4) [2008] NSWLEC 149, in particular paras [16, 17, 26]). In this regard, the Applicant has not, in my view, demonstrated that the 1967 consent is for a residential flat building for which he now seeks consent. Indeed, no evidence has been provided to me of any relevant definitions from either the Local Government (Amendment) Act 1951 or the CCPSO, the instruments under which consent was provided in 1967, which might illuminate this matter.