Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 166

Land and Environment Court of New South Wales CITATION: Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 166

PARTIES APPLICANT Taipan Holdings Pty Ltd

RESPONDENT Sutherland Shire Council

NUMBER: 10843 of 1998

CORAM: Bignold J

KEY ISSUES: Development :- Development - Preliminary determination of any relevant "existing use" entitlement - whether use for a "lawful purpose" - whether use terminated when building demolished and rebuilt.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 106, s 107, s 108.

DATES OF HEARING: 06/24/1999

DATE OF JUDGMENT DELIVERY: 07/15/1999

APPLICANT Mr G Newport (Barrister) SOLICITORS: Bowles and Co LEGAL REPRESENTATIVES: RESPONDENT: Mr W B Davison (SC) SOLICITORS: Abbott Tout

JUDGMENT: TABLE OF CONTENTS A. INTRODUCTION 1-6 B. PRELIMINARY QUESTIONS OF LAW RAISED IN THE PROCEEDINGS 7-15 C. QUESTIONABLE UTILITY OF A DETERMINATION OF THE QUESTION OF EXISTING USE 16-22 D. RELEVANT FACTS CONCERNING THE BOATSHED 23-25 E. THE COUNCIL'S LEGAL CONTENTIONS AGAINST ANY EXISTING USE ENTITLEMENT 26-44 (i) Was the boatshed lawfully erected when it originally came into existence? 29-37 (ii) Has the Applicant established that the boatshed in whatever physical condition manifested throughout its lifetime was authorised by the necessary planning consents? 38-39 (iii) Was the existing use abandoned when the original boatshed was demolished? 40-44 F. CONCLUSIONS AND ORDERS 45-47 IN THE LAND AND Matter No 10843 of 1998 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 15 July 1999