Todbern Pty Limited v Hurstville City Council and Anor. [2003] NSWLEC 11

> Reported Decision : 124 LGERA 262

Land and Environment Court of New South Wales

CITATION : Todbern Pty Limited v Hurstville City Council and Anor. [2003] NSWLEC 11 APPLICANT: Todbern Pty Limited PARTIES : RESPONDENTS Hurstville City Council and Anor. FILE NUMBER(S) : (4)0258 of 2002 CORAM: Bignold J KEY ISSUES: Building Approval :- Declarations-extension of building approval LEGISLATION CITED: Local Government Act 1993, ss 103 and 107 Environmental Planning and Assessment (Savings and Transitional) Regulation 1998, cl 38 CASES CITED: DATES OF HEARING: 26/09/02, 27/09/02 EX TEMPORE JUDGMENT DATE : 09/27/2002

APPLICANT: Mr J Ayling SC

SOLICITORS: Carneys

FIRST REPONDENT: LEGAL REPRESENTATIVES: Mr P Rigg, Solicitor SECOND RESPONDENT: Mr A Pickles, Barrister

SOLICITORS: FIRST RESPONDENT: Deacons SECOND RESPONDENT: Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . (4) 0258 of 2002 Coram : Bignold J. 27 September 2002 TODBERN PTY LIMITED

Applicant

v

HURSTVILLE CITY COUNCIL

First Respondent

KOGARAH COUNCIL

Second Respondent

JUDGMENT

1. These class 4 proceedings were commenced on 14 June 2002 whereby the Applicant, being the lessee of a large commercial structure erected over Hurstville railway station upon which has been established for many decades a shopping centre, claims a declaration that the Applicant has substantially, physically, commenced work pursuant to building approval BA 2015/99 on or about 22 February 2002.