Council of the City of Sydney v Mae [2009] NSWLEC 84

Land and Environment Court of New South Wales

CITATION : Council of the City of Sydney v Mae [2009] NSWLEC 84

APPLICANT Council of the City of Sydney PARTIES : RESPONDENT Garnet Alexander Mae

FILE NUMBER(S) : 41032 of 2008

CORAM: Sheahan J

KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- development works and use without appropriate consent - requirement for consent - boarding house use - chracterisation - development control plans - utility of declarations - discretion - costs

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Evidence Act 1995 South Sydney Local Environmental Plan 1998

Ashfield Municipal Council v Australian College of Physical Education Ltd (1992) 76 LGRA 151 CASES CITED: Great Lakes Council v Lani (2007) 158 LGERA 1 South Sydney Municipal Council v James (1977) 35 LGRA 432 Warlam Pty Ltd v Marrickville Council [2009] NSWLEC 23

DATES OF HEARING: 1 June 2009

DATE OF JUDGMENT: 2 June 2009

APPLICANT Mr J K Kirk SOLICITORS LEGAL REPRESENTATIVES: Council of the City of Sydney

RESPONDENT No appearance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Sheahan J

2 June 2009

41032 of 2008 Council of the City of Sydney v Mae

JUDGMENT Introduction 1 His Honour: Mr Mae owns a two-storey terrace house at 20 Belvoir Street, Surry Hills ("the premises") adjacent to a warehouse owned by the nearby Belvoir Street Theatre. 2 He does not live there, and complains that Council correspondence is addressed to him there, but it is the street address he provided to the Council on acquiring the premises in April/May 2004, and has been used by both parties since. (See title, transfer and rating record documents in Exhibit C1 at tabs 4, 5 and 6, and Mr Mae's letter at Exhibit C5 item 'O'). 3 Council seeks declarations and orders against him in respect of his development and use of the premises. When the hearing commenced on 1 June 2009 Council made a further insubstantial amendment to the formal wording of par 1 of its summons, as amended with Mr Mae's consent on 26 February 2009. 4 In its final form the amended summons seeks the following relief: