Pittwater Council v Mount [2000] NSWLEC 256

Land and Environment Court of New South Wales

CITATION : Pittwater Council v Mount [2000] NSWLEC 256 APPELLANT: Pittwater Council PARTIES : RESPONDENT: Mount FILE NUMBER(S) : 10270 of 2000 CORAM: Bignold J KEY ISSUES: Section 56A Appeal :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 Land and Environment Court Act 1979, s 56A Brimbella Pty Ltd v Mosman Council (1985) 79 LGERA 367; CASES CITED: Carstens v Pittwater Council (1999) NSWLEC 249· Hoskins v Waverley Council (1999) NSWLEC 236; Schaffer Corporation Ltd v Hawkesbury Council (1992) 77 LGRA 21. DATES OF HEARING: 6 December 2000 DATE OF JUDGMENT: 12/11/2000

APPELLANT: Mr A Galasso, Barrister SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT: Mr D Officer QC with Mrs J Kelly, Barrister SOLICITORS Gadens Ridgeway

JUDGMENT: IN THE LAND AND Matter No . 10270 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 11 December 2000

PITTWATER COUNCIL

Appellant

v

SALLY FIONA MOUNT

Respondent

JUDGMENT ON s56A APPEAL

Bignold J:

1. This is an appeal pursuant to the Land and Environment Court Act 1979 s 56A (the Court Act) against the decision of Commissioner Murrell upholding an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (the EP&A Act) and granting development consent to the carrying out of development comprising a large roofed horse arena and an extension to an existing dwelling-house on a rural property known as 54 Lane Cove Road, Ingleside.