Griffin v Hurstville City Council [2003] NSWLEC 355

> Land and Environment Court of New South Wales

CITATION : Griffin v Hurstville City Council [2003] NSWLEC 355 APPLICANT John Griffin PARTIES : RESPONDENT Hurstville City Council FILE NUMBER(S) : 10850 of 2003 CORAM: Pain J KEY ISSUES: Question of Law :- whether development consent permits erection of light-coloured colorbond roof LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B Environmental Planning and Assessment Regulation 2000 cl 145, cl 161 CASES CITED: DATES OF HEARING: 27/08/2003 EX TEMPORE JUDGMENT DATE : 08/27/2003

APPLICANT Mr C Newport (barrister) SOLICITORS Dan Simpson & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg (solicitor) SOLICITORS Deacons

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10850 of 2003

Pain J

27 August 2003 JOHN GRIFFIN Applicant v HURSTVILLE CITY COUNCIL Respondent Judgment

1. The Applicant is appealing against an order issued by the Council pursuant to s 121B of the Environmental Planning and Assessment Act 1979 (the EP&A Act). The order requires compliance with a development consent issued by the Council to the Applicant. A preliminary point of law has arisen concerning the construction of the development consent as follows: Whether the terms of development consent 20010742 endorsed by the Council on 11 February 2002, empower the erection of a light - coloured colorbond roof.