Shaw v Leichhardt Municipal Council and Finn [1989] NSWLEC 238

Land and Environment Court of New South Wales

CITATION : Shaw v Leichhardt Municipal Council and Finn [1989] NSWLEC 238 APPLICANT Shaw

FIRST RESPONDENT PARTIES : Leichhardt Municipal Council and Finn

SECOND RESPONDENT Miss Finn FILE NUMBER(S) : 40231 of 1988 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Rapid Transport Pty Ltd v Sutherland Shire Council 62 LGRA 88, Idonz Pty Limited v National Capital Development Commission 60 LGRA 67); Hardi v Woollahra Municipal Council & Wasserman 17 December 1987; Council of Civil Service Unions v Minister for Civil Services 1985 AC 384; CASES CITED: Attorney-General of Hong Kong v Ng Yuen Shiu 1983 2 AC 629; Idonz v NCDC 67 ALR 46; Kiaoa v West 159 CLR 550 at 584-585; Cole v Cunningham 49 ALR 123. DATES OF HEARING: DATE OF JUDGMENT: 09/01/1989

APPLICANT LEGAL REPRESENTATIVES: RESPONDENT

JUDGMENT:

His Honour: On 11 April 1988 Georgina Finn made application to the Leichhardt Municipal Council for development consent to add an extra bedroom and balcony to her house at 11 Clubb Street, Rozelle. Number 11 Clubb Street is a single storey semi-detached dwelling house and shares a party wall with No 9 Clubb Street. On 14 July 1988 she was notified by the Council that consent had been granted subject to five conditions, one of which had the effect of reducing the overall height of the additional bedroom by 400mm.

At all relevant times, the Council had a policy of notifying neighbours of development applications and of giving them the opportunity of putting objections before Council for its consideration before the applications were dealt with. On 17 October 1988 Jean Shaw, the owner of No 9 Clubb Street, commenced proceedings in the Land and Environment Court seeking a declaration that the development consent granted on 14 June 1988 was null and void and an