Jacklion Enterprises Pty Ltd v. Sutherland Shire Council [1998] NSWLEC 145

Land and Environment Court of New South Wales

CITATION : Jacklion Enterprises Pty Ltd v. Sutherland Shire Council [1998] NSWLEC 145 APPLICANT Jacklion Enterprises Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 10602 of 1997 CORAM: Pearlman J KEY ISSUES: :- 36(5) of the Land and Environment Court Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Conveyancing Act 1919 Steelbond (Sydney) Pty Ltd v Marrickville Council (1994) 82 LGERA 192; CASES CITED: Connell v Armidale City Council (Pearlman J 25 September 1996 unreported); Herbert v Warringah Council (Sheahan J 3 December 1997 unreported) DATES OF HEARING: 17/06/98 DATE OF JUDGMENT: 07/08/1998

APPLICANT Mr S Flanigan, Barrister LEGAL REPRESENTATIVES: RESPONDENT Mr S M Berveling, Solicitor Sutherland Shire Council

JUDGMENT: A question of law has been referred for determination pursuant to s 36(5) of the Land and Environment Court Act 1979.

The question is as follows:

"Whether the Court has power to consider the application for modification pursuant to section 102 of the Environmental Planning and Assessment Act 1979, of condition 3 in consent dated 5 November 1997 in proceedings 10602 of 1997."

The question of law was raised before Assessor Murrell in the course of the hearing of the s 102 application.

Background

The relevant agreed facts are these:

* The applicant lodged a development application with the council seeking consent for the subdivision into two lots of land described as Lot 1 DP 816599 situated at 1 Turunga Place Bangor ("the land");