Symond & Anor v North Sydney Municipal Council [1989] NSWLEC 168

Land and Environment Court of New South Wales

CITATION : Symond & Anor v North Sydney Municipal Council [1989] NSWLEC 168 APPLICANT Symond & Anor PARTIES : RESPONDENT North Sydney Municipal Council

FILE NUMBER(S) : 10366 of 1988 CORAM: Bignold J KEY ISSUES: :- Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Local Government Act 1919 North Sydney Municipal Council v. Lycenko & Associates Pty. Ltd (unreported 15th November, 1988); CASES CITED: Pioneer Aggregates Ltd. v. Secretary of State for the Environment (1985) AC 132; Clyde & Co. v. Secretary of State for the Environment (1977) 1 AllER 1123; Westminster City Council v. British Waterways Board (1984) 3 AllER 737; John Bruce & Partners v. Willoughby Municipal Council (1987) 64 LGRA 67 DATES OF HEARING: DATE OF JUDGMENT: 03/17/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

A. INTRODUCTION

This judgment which may conveniently be read with the two interlocutory judgments delivered earlier in these proceedings, finally disposes of the proceedings in this Court.

This is an appeal pursuant to s.97 of the Environmental Planning and Assessment Act 1979 against the refusal by the Respondent of a development application for the alteration and refurbishment of an existing building known as "The Ritz" erected at premises known as Nos. 48-50 Milson Road, Cremorne and the conversion of the use of the altered and refurbished building from its most recent (but now terminated) use as a boarding-house to that of a residential flat building comprising ten x 3 bedroom flats.