GTAA P/L v South Sydney City Council [2001] NSWLEC 213

Reported Decision : 117 LGERA 51

Land and Environment Court of New South Wales

CITATION : GTAA P/L v South Sydney City Council [2001] NSWLEC 213 APPLICANT: GTAA P/L PARTIES : RESPONDENT: South Sydney City Council FILE NUMBER(S) : 10105 of 2001 CORAM: Bignold J KEY ISSUES: Development Application :- meaning of floor space ratio controls in DCP - Determination of question of law as a preliminary matter. LEGISLATION CITED: South Sydney Development Control Plan 1997 CASES CITED: Gill v Donald Humberstone and Co Ltd (1963) 1 WLR 929· Hecar Investments No 6 Pty Ltd v Lake Macquarie Council (1984) 53 LGRA 322 DATES OF HEARING: 23 August 2001 EX TEMPORE JUDGMENT DATE : 08/23/2001

APPLICANT Mr M Baird, Barrister SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT: Mr G Green, Solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND Matter No. 10105 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 23 August 2001

GTAA PTY LIMITED

Applicant

v

SOUTH SYDNEY CITY COUNCIL

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. In his opening address in these class 1 proceedings involving an appeal against the Council's deemed refusal to a development application for the demolition of an existing industrial building and the erection of three attached buildings to provide boarding house accommodation on land known as Nos 17/29 Dick Street, Chippendale, the Solicitor for the Council raised the question whether the floor space ratio controls contained in the South Sydney Development Control Plan 1997, Part E (the DCP) operated in the present case to render applicable the "bonus floor space incentive" referred to at p 81 of that document.