North Sydney Council v Nazero Constructions Pty Limited [2001] NSWLEC 238

Land and Environment Court of New South Wales

CITATION : North Sydney Council v Nazero Constructions Pty Limited [2001] NSWLEC 238 revised - 1/11/2001 APPLICANT North Sydney Council PARTIES : RESPONDENT Nazero Constructions Pty Limited FILE NUMBER(S) : 40165 of 2001 CORAM: Cowdroy J KEY ISSUES: Injunctions and Declarations :- development without consent LEGISLATION CITED: Environmental Planning and Assessment Act 1979 ACR Trading Pty Ltd and Anor v Fatsel Pty Ltd (1987) 11 NSWLR 67 (CA) ; CASES CITED: Attorney-General v B.P. (Australia) Limited (1964) 83 W.N. (NSW) 80 ; Ryde Municipal Council v The Royal Ryde Homes (1970) 19 LGRA 321; Warringah Shire Council v Sedevic (1987) 10 NSWLR 335 (CA) DATES OF HEARING: 5/10/01, 8/10/01 DATE OF JUDGMENT: 10/25/2001

APPLICANT Mr C McEwen (Barrister)

SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT Mr P McEwen SC

SOLICITORS Windeyer Dibbs

JUDGMENT:

IN THE LAND AND MATTER No. 40165 of 2001 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 25/10/01

North Sydney Council Applicant v Nazero Constructions Pty Limited Respondent JUDGMENT Facts

1. By application class four the applicant ("the council") seeks an order restraining the respondent from undertaking further construction work which is alleged to be unauthorised, and for consequential declarations. The proceedings relate to land in strata plan 14210 known as 1A and 1B Lambert Street Cammeray ("the property"). In 1948 approval had been granted for the erection on the property of a residential brick and tile building comprising two storeys and containing two separate dwellings ("the building"). The building, known as a residential flat building or "RFB", was erected and has been standing on the property until early July 2001 when it was demolished by the respondent.