Peter Duffield and Associates Pty Limited v Canada Bay City Council [2002] NSWLEC 168

Reported Decision : 124 LGERA 349

Land and Environment Court of New South Wales

CITATION : Peter Duffield and Associates Pty Limited v Canada Bay City Council [2002] NSWLEC 168 APPLICANT: Peter Duffield and Associates Pty Limited PARTIES : RESPONDENT: Canada Bay City Council FILE NUMBER(S) : 10176 of 2002 CORAM: Bignold J KEY ISSUES: Development Consent :- modification application - change in use of approved development from serviced apartments to residential flats. LEGISLATION CITED: Environmental Planning and Assessment Act, s 96(1A) Fernance Family Holdings Pty Ltd v Newcastle City Council (2000) 110 LGERA 60; CASES CITED: Moto Ptojects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; North Sydney Council v Michael Standley and Associates Pty Ltd (1998) 97LGERA 432 DATES OF HEARING: 1 August 2002 DATE OF JUDGMENT: 09/25/2002

APPLICANT: Mr M Fraser, Barrister SOLICITORS Yandell Wright Stell LEGAL REPRESENTATIVES: RESPONDENT: Mr A Pickles, Barrister SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND Matter No. 10176 of 2002 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 25 September 2002

PETER DUFFIELD AND ASSOCIATES

Applicant

v

CANADA BAY CITY COUNCIL

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 96(6) (the EP&A Act) against the failure of the Council to determine within 40 days the Applicant's application to modify a development consent granted by the Council on 3 July 2001 "for the demolition of existing buildings and the construction of three residential flat buildings, comprising a total of 32 serviced apartments and 28 units with two levels of basement parking" on an aggregated development site comprising lands known as Nos 16-24 Parramatta Road and No 7 Hilts Street, Strathfield (the development consent).