J & J O'Brien Pty Limited v South Sydney City Council [2001] NSWLEC 128

Reported Decision : (2001) 120 LGERA 8 APPEAL DISMISSED

Land and Environment Court of New South Wales

CITATION : J & J O'Brien Pty Limited v South Sydney City Council [2001] NSWLEC 128 APPLICANT J & J O'Brien Pty Limited PARTIES : RESPONDENT South Sydney City Council FILE NUMBER(S) : 40160 of 2000; 11004 of 2000 CORAM: Cowdroy J KEY ISSUES: Development Consent :- re-tiling of facade of hotel located in heritage conservation area undertaken without development approval - whether development approval required - work undertaken despite knowledge of restrictions upon development of buildings in heritage conservation area LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 96 CASES CITED: DATES OF HEARING: 6/4/01, 7/4/01, 6/6/01, 7/6/01 DATE OF JUDGMENT: 07/26/2001

APPLICANT Mr T Hale SC with Mr P Boslter (Barrister)

SOLICITORS Aubrey F Crawley & Co LEGAL REPRESENTATIVES: APPLICANT Mr S Griffiths (Solicitor)

SOLICITORS Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND MATTER No. 40160 of 2000; 11004 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 26/7/01

J & J O'Brien Pty Limited Applicant v South Sydney City Council Respondent JUDGMENT

1. By application class four the applicant challenges an order issued by South Sydney City Council ("the council") requiring the removal of tiling to the ground floor facade of the Marlborough Hotel ("the hotel"). Additionally, the applicant has instituted class one proceedings appealing from the council's decision to issue the order.