Kevin Snell Pty Limited v Manly Council [2005] NSWLEC 193

Land and Environment Court of New South Wales

CITATION : Kevin Snell Pty Limited v Manly Council [2005] NSWLEC 193

Kevin Snell Pty Limited (Appl) PARTIES : Manly Council (Resp)

FILE NUMBER(S) : 10460 of 2004

CORAM: McClellan CJ

Development Application :- Alterations and additions to existing building for use as an hotel Car parking Loading and unloading on site Additional noise Hours of operation KEY ISSUES: Potential adverse social impacts Major rebuilding within the road widening area required under the Roads Act 1993 QUESTION OF LAW: Whether although the Council had applied for road realignment and notice of the realignment was published in The Gazette in 1961 service of the notice in 2004 was validly issued and operates to restrict development Whether a relevant right exists in the Council which would support an entitlement in the Council to serve notice and perfect the road widening order.

Local Government Act 1919 Land Acquisition (Just Terms Compensation) Act 1991 LEGISLATION CITED: Interpretation Act 1987 Public Roads Act 1902 Roads Act 1993

Abbott v Minister for Lands [1895] AC 425; Continental Liqueurs Pty Ltd v G F Heublein and Bros Incorporated (1960) CLR 103 ; Director of Public Works v Ho Po Sang [1961] AC 901; Free Lanka Insurance Co Ltd v Ranasinghe [1964] AC 541; Hamilton-Gell v White [1922] 2 KB 422; CASES CITED: Heston and Isselworth Urban District Council v Grout [1897] 2 Ch 306; Meriton Apartments Pty Ltd v Minister for Urban Affairs and Planning 107 LGERA 363; New South Wales Aboriginal Land Council v The Minister Administering the Crown Lands (Consolidation) Act and the Western Lands Act (1988) 14 NSWLR 685; Ogden Industries Pty Ltd v Lucas (1967) 116 CLR 537; Smith v Jones (1979) 24 ALR 289; Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254