Taipan Holdings Pty Ltd V Sutherland Shire Council [1999] NSWLEC 276

Land and Environment Court of New South Wales CITATION: Taipan Holdings Pty Ltd V Sutherland Shire Council [1999] NSWLEC 276

PARTIES APPLICANT Taipan Holdings Pty Ltd

RESPONDENT Sutherland Shire Council

NUMBER: 20203 of 1998

CORAM: Bignold J

KEY ISSUES: Development :- Development:-Existing use - Rebuilding of existing building without prior consent being obtained - Building unlawfully rebuilt - Application for building certificate - Exercise of discretion - provisions of planning instrument derogating existing use entitlement

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 108(3); s 149F

DATES OF HEARING: 09/30/1999

DATE OF JUDGMENT DELIVERY: 12/14/1999

APPLICANT: Mr G Newport, Barrister

SOLICITORS: Bowles & Co LEGAL REPRESENTATIVES: RESPONDENT: Mr J Cole, Solicitor

SOLICITORS Abbott Tout

JUDGMENT: TABLE OF CONTENTS

A. INTRODUCTION 1-16 B. THE ISSUES RAISED BY THE APPEAL 17-33 C. THE RELEVANT FACTS CONCERNING THE BOATSHED AS DETERMINED BY THE EARLIER JUDGMENT 34-35 D. THE RELEVANT EXISTING USE ENTITLEMENT AS DETERMINED IN THE EARLIER JUDGMENT 36-39 E. ADDITIONAL MATTERS NOT GOVERNED BY THE EARLIER JUDGMENT 40-109 Issues (i) and (ii)The Applicant's Conduct in Reconstructing the Boatshed 44-46 Issue (iii) The Council's Planning Policies for reducing Foreshore development 47-107 The remaining Issues (iv), (v), (vi), (vii), (viii0, (ix), and (x) 108-109 F. HOW SHOULD THE STATUTORY DISCRETION BE EXERCISED IN THE PRESENT CASE? 110-125 G. ORDERS 126 IN THE LAND AND Matter No . 20203 of 1998 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 14 December 1999