Sandlix Pty Limited & Anor v Hurstville City Council [2000] NSWLEC 87

Land and Environment Court of New South Wales

CITATION : Sandlix Pty Limited & Anor v Hurstville City Council [2000] NSWLEC 87 APPLICANT Sandlix Pty Limited & Anor PARTIES : RESPONDENT Hurstville City Council FILE NUMBER(S) : 10754A & 10842A of 1999 CORAM: Cowdroy J KEY ISSUES: Section 56A Appeal :- Condition of consent prohibiting visitor parking on-site - Commissioner's judgment not recording apparent inconsistency between requirements of SEPP 5 and such condition - condition formulated at conclusion of hearing without opportunity for council to make submission - inconsistency between condition prohibiting parking and other conditions - matter remitted to Commissioner for consideration of SEPP 5 requirements relating to visitor parking. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 CASES CITED: DATES OF HEARING: 17/4/00 EX TEMPORE 04/17/2000 JUDGMENT DATE :

APPLICANT Mr P Rigg (Solicitor)

SOLICITORS Deacons Graham & James LEGAL REPRESENTATIVES: RESPONDENT Ms J Kelly (Barrister)

SOLICITORS Jacovou & Co

JUDGMENT:

IN THE LAND AND MATTER No. 10754A & 10842A of 1999 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 17 April 2000

Sandlix Pty Limited & Neil C G Applicant v Hurstville City Council Respondent JUDGMENT

1. This is an appeal under s 56A of The Land and Environment Court Act 1979 brought by Hurstville City Council, ("the council") against the decision of Commissioner Watts delivered on 3 February 2000. Commissioner Watts granted development consent to the applicants ("the applicants") subject to conditions in respect of two development applications relating to premises known as number 64 and 68 Stoney Creek Road, Beverly Hills ("the sites").