Shapkin v The Council of the City of Sydney [2020] NSWLEC 1309

Land and Environment Court New South Wales

Medium Neutral Citation: Shapkin v The Council of the City of Sydney [2020] NSWLEC 1309 Hearing dates: 26 February 2020 Date of orders: 17 July 2020 Decision date: 17 July 2020 Jurisdiction: Class 2 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) The purported instruments of revocation on 2 August 2019, 6 August 2019 and 30 October 2019 are cancelled. (3) The exhibits are returned, except for Exhibits B, 3 and 4. Catchwords: APPEAL – busker permit – revocation – proper notice Legislation Cited: Land and Environment Court Act 1979 Local Government Act 1993 Texts Cited: City of Sydney Council, 'Local Approvals Policy for Busking and Aboriginal and Torres Strait Islander Cultural Practice' Category: Principal judgment Parties: Vasiliy Alexandrovich Shapkin (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: V Shapkin (Litigant in person) (Applicant) M Mallos (Solicitor) (Respondent)

Solicitors: Maddocks (Respondent) File Number(s): 2019/347476 Publication restriction: Nil

Judgment 1. The applicant, Vasiliy Alexandrovich Shapkin is a professional musician and a professional busker violinist. He derives his principal income from busking in the Sydney CBD pursuant to busking permits issued by the City Council under s 68 of the Local Government Act 1993 ("LG Act"). 2. These proceedings arise under s 178(2) of the LG Act, in response to the Council's revocation of the applicant's Busking Permit No. 450/2019 ("Busking Permit"). The applicant contends that the revocation of his Busking Permit was actioned without proper notice and/or compliance with ss 108, 109 and 110 of the LG Act. 3. The Council submits on its evidence that written notice under the LG Act was given to the applicant by email on 6 August 2019, and a "show cause meeting" with the applicant was held on 20 August 2019. The notice of revocation was then determined and communicated on 30 October 2019 (Tcpt, 26 February 2020, pp 37-38(5-50)).