CHRISTOPHER WILLIAM CRAWLEY v SYDNEY CITY COUNCIL [1998] NSWLEC 36 (12 March 1998) [1998] NSWLEC 48

Land and Environment Court of New South Wales

CITATION : CHRISTOPHER WILLIAM CRAWLEY v SYDNEY CITY COUNCIL [1998] NSWLEC 36 (12 March 1998) [1998] NSWLEC 48 PARTIES : CHRISTOPHER WILLIAM CRAWLEY v SYDNEY CITY COUNCIL [1998] NSWLEC 36 (12 March 1998) FILE NUMBER(S) : 40289 of 1997 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1993 ss 68, 78(2) , 108, 109, 110 approvals (Auburn Municipal Council v Szabo (1989) 67 LGRA 427 at 433-4; Parramatta City Council v Shell Co of Australia (1972) 2 NSWLR 632 at 637-8; Ryde Municipal Council v Royal Ryde Homes (1970) 19 LGRA 321; CASES CITED: Shannahan v Strathfield Municipal Council (1973) 2 NSWLR 740; Mosman Municipal Council v Bosnich (1969) 17 LGRA 74; in Masterbuilt Pty Ltd v Hornsby Council (1995) 87 LGERA 169 at 174-6; Londish v Knox Grammar & Ors Court of Appeal CA40323 of 1997 22 December 1997 DATES OF HEARING: 4 - 5 March 1998 DATE OF JUDGMENT: 03/12/1998

Mr T S Hale (Barrister) LEGAL REPRESENTATIVES: Mr J E Robson (Barrister)

JUDGMENT: On 12 April 1996 the respondent council notified the applicant pursuant to the provisions of the Local Government Act 1993 that plans submitted with a building application to construct fit out of existing premises at Ground Floor 533-539 Kent Street, Sydney with mezzanine floor, kitchen and toilets had been approved on 9 April 1996, subject to conditions.

The building application was signed by the applicant, Mr Crawley, who also completed the Consent of Owner as owner of the land "to which this application relates".