Gilderthorpe Investment v Sutherland Shire Council [2000] NSWLEC 153

Reported Decision : 109 LGERA 275

Land and Environment Court of New South Wales

CITATION : Gilderthorpe Investment v Sutherland Shire Council [2000] NSWLEC 153 APPLICANT: Gilderthorpe Investment PARTIES : RESPONDENT: Sutherland Shire Council FILE NUMBER(S) : 10226 of 2000 CORAM: Bignold J KEY ISSUES: Question of Law :- Preliminary determination - whether proposal is "townhouse" development - meaning of requirement - that each dwelling have individual access. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 Clindo Pty Ltd v North Sydney Council (unreported 12 April 1996)· ; CASES CITED: Doyle v Newcastle City Council (1990) 71 LGRA 55; Hope v Bathurst City Council (1980) 144 CLR 1; NSW Associated Blue-Metal Quarries Ltd v Federal Commissioner of Taxation (1956) 94 CLR 509 DATES OF HEARING: 23/06/00 DATE OF JUDGMENT: 07/18/2000

APPLICANT: Mr G Newport, Barrister SOLICITORS Nil LEGAL REPRESENTATIVES: RESPONDENT: Mr R Wilcher, Solicitor SOLICITORS Baker and McKenzie

JUDGMENT: IN THE LAND AND Matter No . 10226 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 18 July 2000

GILDERTHORPE INVESTMENT

Applicant

v

SUTHERLAND SHIRE COUNCIL

Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. The Council has raised a preliminary question of law in pending class 1 proceedings involving an appeal pursuant to the Environmental Planning and Assessment Act 1979 s 97 (the EP&A Act), against the Council's deemed refusal of a development application for the erection of a building containing seven dwellings on land known as lots 71 and 72 Deposited Plan 16718, also known as Nos 25 and 27 Barraran Street, Gymea (the appeal site).