Norsmith Nominees Pty Limited v Woollahra Municipal Council & Anor [1989] NSWLEC 165

Land and Environment Court of New South Wales

CITATION : Norsmith Nominees Pty Limited v Woollahra Municipal Council & Anor [1989] NSWLEC 165 APPLICANT Norsmith Nominees Pty Limited PARTIES : RESPONDENT Woollahra Municipal Council & Anor

FILE NUMBER(S) : 40189 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act Sandwith v. Kogarah Municipal Council; CASES CITED: Associated Provisional Picture House v. Wednesbury Corp. (1948) 1 KB 223; Jones v. Dunkel ((1958-59) 101 CLR 298; North Sydney Municipal Council v. Parlby Land and Environment Court, Unreported 13 November 1986). DATES OF HEARING: DATE OF JUDGMENT: 03/07/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The applicant, Norsmith Nominees Pty. Limited, is the owner of 19 Coolong Road, Vaucluse. The occupants of the property are the Earl and Countess of Portarlington. The Woollahra Municipal Council is the firstnamed respondent and the second named respondent Garrick Michael Hawkins is the registered proprietor of 21 Coolong Road, which adjoins the property of the applicant. On 15 February 1988 the Building and Development Committee, under delegation from the Council, granted development consent to the second respondent for the erection of a new dwelling house at 21 Coolong Road subject to certain conditions. On 1 August 1988 the Council modified the consent in certain respects and in particular deleted all reference to the swimming pool in the original consent. On the same day the Council issued a building permit.