Hoggett v Willoughby Municipal Council [1988] NSWLEC 149

Land and Environment Court of New South Wales

CITATION : Hoggett v Willoughby Municipal Council [1988] NSWLEC 149 APPLICANT Mr. Hoggett PARTIES : RESPONDENT Willoughby Municipal Council FILE NUMBER(S) : 40130/88; 10264/88; 10298 of 1987 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1919 Environmental And Planning Act 1979 CASES CITED: Kirkjian v Towers DATES OF HEARING: 00/06/88 DATE OF JUDGMENT: 12/01/1988

LEGAL REPRESENTATIVES: RESPONDENT Mr Rigg

JUDGMENT:

His Honour: Mr. Hoggett has made three applications to the Land and Environment Court. The first (No. 10298/87) is an appeal against a refusal of the WilIoughby Council to grant development consent for the subdivision of land at Castlecrag. The second (No.40130/88) seeks certain declarations of right and the third (No. 10264/88 which was wrongly commenced in the Class 2 jurisdiction of the Court) is an appeal against the deemed refusal of the Council to grant subdivision approval under Part XII of the Local Government Act. Mr. Hoggett and the Council asked that all matters be heard together and have informed the Court that the determination in matter No. 10298/87 will, for all practical purposes, dispose of matters and 40130/88 and 10264/88.

Mr. Hoggett is the owner of 37 - 39 The Scarp, Castlecrag, being approximately 2500m2 of land on the southern side of the peninsular. The land is not within the original Castlecrag Estate designed by Walter Burley Griffin in 1920 but the design of the Estate is evident in the general area of which the subject land forms part. The land falls sharply from north to south and its southern boundary abuts a public reserve, about 30m wide, running along the foreshore of Sailors Bay. The subject land, together with another 5 allotments, has access to The Scarp by a 200m private access.