ALAN DAVIS MEDIA LIMITED v. LEICHHARDT MUNICIPAL COUNCIL (5 June 1998) [1998] NSWLEC 2

Land and Environment Court of New South Wales

CITATION : ALAN DAVIS MEDIA LIMITED v. LEICHHARDT MUNICIPAL COUNCIL (5 June 1998) [1998] NSWLEC 2 PARTIES : Applicant: ALAN DAVIS MEDIA LIMITED Respondent: LEICHHARDT MUNICIPAL COUNCIL FILE NUMBER(S) : 10820 of 1997 CORAM: Sheahan J KEY ISSUES: :- Environmental Planning & Assessment Act 1979 LEGISLATION CITED: Local Government Act 1919 Leichhardt Local Environmental Plan No.20 Narilu Superannuation Fund v Leichhardt Municipal Council, Matter 10348 of 1983; Council of the Municipality of Leichhardt v Saleh & Anor; CASES CITED: Parramatta City Council v Bolton 33 LGRA p.303 ; Blance v Leichhardt Council; Outdoor Australia Pty Ltd v Auburn Council (1996) 89 LGERA 365 DATES OF HEARING: 14 May 1998 DATE OF JUDGMENT: 06/05/1998

Mr J Snelgrove of John Snelgrove & Partners LEGAL REPRESENTATIVES: Pike Pike & Fenwick

JUDGMENT: Contents

Introduction 1 The Proposal 2 This Appeal and the Question of Law 4 Previous Cases involving Clause 15 6 Consideration 13 The Question of Costs 14 Orders 15

IN THE LAND AND Matter No: 10820 of 1997 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 5 June 1998

ALAN DAVIS MEDIA LIMITED Applicant v

LEICHHARDT MUNICIPAL COUNCIL Respondent

JUDGMENT

Introduction

This judgment concerns a Question of Law posed for determination prior to the consideration by the Court of an appeal under section 97 of the Environmental Planning & Assessment Act 1979 ("the EPAA") against a decision by Leichhardt Municipal Council ("the Council"), refusing an application to allow a sign to be erected on the external wall of a building within the municipality.