Archibuild Australia v Sydney City Council [1988] NSWLEC 127

Land and Environment Court of New South Wales

CITATION : Archibuild Australia v Sydney City Council [1988] NSWLEC 127 APPLICANT Archibuild Australia

PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 20625 of 1987 CORAM: Holland J KEY ISSUES: :- LEGISLATION CITED: Local Government Act CASES CITED: DATES OF HEARING: 26/02/1988 DATE OF JUDGMENT: 07/15/1988

APPLICANT Mr. Ken Patteson LEGAL REPRESENTATIVES: RESPONDENT Mr. Schofield

JUDGMENT:

HIS HONOUR: The respondent Council appeals to the Court against orders made on 26 February 1988 by an Assessor on an application filed by the Applicant on 24 December 1987.

The application stated that it was brought under s.3l7M of the Local Government Act and was against the Council's refusal of a building application in respect of a block of land at Erskineville.

Annexed were copies of the Applicant's building application dated 4 October 1987, the building plans and a letter from the Council dated 27 November 1987 disapproving the plans. No other documents were filed with the application.

The plans showed a single residence proposed to be erected on a narrow allotment and included a site plan showing the distance of the walls from the boundary lines.

The Council's letter stated that the plans were disapproved as they did not comply with "Council's requirements and Ordinance No. 70 in that the proposed dwelling has been set back from 200mm to approx. 900mm from the southern boundary and 200mm from the northern boundary of the allotment in lieu of being set back 900mm as required by Clause ll.6(2) of Ordinance 70". The set backs shown by the site plan were as described by the Council and, obviously, did not conform with the requirements of clause ll.6(2) of the Ordinance that there be a minimum of 900mm. The Council's letter went on to note that the exceptions to this requirement contained in the clause were not applicable.