The Public Trustee v Blacktown City Council [1988] NSWLEC 110

Land and Environment Court of New South Wales

CITATION : The Public Trustee v Blacktown City Council [1988] NSWLEC 110 APPLICANT Executor of the Estate of Sylvia McIlroy the Public Trustee

PARTIES : RESPONDANT Blacktown City Council

FILE NUMBER(S) : 40168 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1919 Environmental Planning and Assessment Act. Loneragans of Sydney v. Hornsby Shire Council (Unreported 22 October 1984) ; Smith Family v. Willoughby Municipal Council ((1981); CASES CITED: Dickinson v. Perrignon ((1973) ; Barham v. Stevenson ((1975) ; Cantarella v. Egg Marketing Board ((1973) DATES OF HEARING: 14/08/1987,04/03/1988 DATE OF JUDGMENT: 03/04/1988

APPLICANT Mr. Whittle LEGAL REPRESENTATIVES: RESPONDENT Mr. Ayling

JUDGMENT:

JUDGMENT

HIS HONOUR: As Executor of the Estate of Sylvia McIlroy the Public Trustee seeks the following relief against the respondent Blacktown City Council:-

"(l) A declaration that the respondent is bound to acquire from the applicant so much of the land contained in Lots 6-l7 inclusive and 28-39 inclusive of Section 29 of Deposited Plan 1100, Laura & Cambridge Street, Mount Druitt, as is reserved pursuant to Part II, Division 2 of the Blacktown Planning Scheme Ordinance, 1968 (as amended).

(2) An order that the respondent, after complying without delay with the provisions of the Local Government Act, 1919, and Ordinances thereunder, thereupon make application to His Excellency the Governor, pursuant to the Act and those Ordinances for approval to resume land being so much of Lots 6-l7 inclusive and 28-39 inclusive of Section 29 of Deposited Plan 1100, Laura & Cambridge Streets, Mount Druitt, as is reserved pursuant to Part II Division 2 of the Blacktown Planning Scheme Ordinance, 1968 (as amended), and if that approval is granted forthwith resume the said land."