Starray Pty Limited v Sydney City Council [2001] NSWLEC 129

Land and Environment Court of New South Wales

CITATION : Starray Pty Limited v Sydney City Council [2001] NSWLEC 129 APPLICANT Starray Pty Limited PARTIES : RESPONDENT Sydney City Council FILE NUMBER(S) : 10605 of 2000 CORAM: Cowdroy J KEY ISSUES: Development Consent :- appeal pursuant to s 56A of the Land and Environment Court Act 1979 - Senior Commissioner making orders in respect of a development consent which was not the subject of the appeal - orders made in excess of jurisdiction - orders set aside. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 78A, s 96, s 97 Land and Environment Court Act 1979 s 39, s 56A CASES CITED: Craig v South Australia (1995) 184 CLR 163; Parisienne Basket Shoes Pty Ltd v Whyte (1937) 59 CLR 360; DATES OF HEARING: 31/05/01 DATE OF JUDGMENT: 07/26/2001

APPLICANT Mr N Hemmings QC

SOLICITORS Allen Allen & Hemsley LEGAL REPRESENTATIVES: RESPONDENT Mr J Rares SC with Mr D Miller (Barrister)

SOLICITORS Price WaterhouseCoopers Legal

JUDGMENT:

IN THE LAND AND MATTER No. 10605 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 26/07/01

Starray Pty Limited Applicant v Sydney City Council Respondent JUDGMENT

Facts

1. These proceedings concern land known as 589-593 George Street, Sydney ("the site"). Since 1985 the site has been used for a 45 space short-stay carpark ("the existing use") on excavated remnant foundations.