Quinn O'Hanlon Architects Pty Ltd v Leichhardt Municipal Council [1989] NSWLEC 183

Land and Environment Court of New South Wales

CITATION : Quinn O'Hanlon Architects Pty Ltd v Leichhardt Municipal Council [1989] NSWLEC 183 APPLICANT Quinn O'Hanlon Architects Pty Ltd PARTIES : RESPONDENT Quinn O'Hanlon Architects Pty Ltd FILE NUMBER(S) : 10230 of 1988 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Act Environmental Planning and Assessment Act Woollahra Municipal Council v. Carr 62 LGRA 263; Napper v. Shoalhaven Shire Council (1988); CASES CITED: Kruf & Anor v.Warringah Shire Council (1988) ; King v Goussetis 60 LGRA 121; Wade v Burns 115 CLR 537 DATES OF HEARING: DATE OF JUDGMENT: 05/01/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: This is an appeal pursuant to s 56A of the Land and Environment Court Act against the decision of an assessor published on 19 October 1988 dismissing a development application appeal from the Leichhardt Municipal Council.

The grounds of appeal are that:

Assessor erred in law in deciding that the building line was not a "development within the meaning of section 4 of the 2. The Assessor erred in law in deciding that he was to grant development consent to the because the development for which of the land under the Leichhardt Local 3. The Assessor erred in law in deciding that the pursuant to the provisions of State Planning Policy No 1 made by the was not made out and that in the circumstances with the requirement to observe the and did not tend to hinder the objectives of the 4. ... ".