Tela Pty Ltd v Council of the City of Sydney [1989] NSWLEC 184

Land and Environment Court of New South Wales

CITATION : Tela Pty Ltd v Council of the City of Sydney [1989] NSWLEC 184 APPLICANT Tela Pty Ltd PARTIES : RESPONDENT Council Of The City Of Sydney FILE NUMBER(S) : 10620 of 1987 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Land And Environment Court Act Environmental Planning and Assesssment Act CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 05/01/1989

APPLICANT Mr Wilson LEGAL REPRESENTATIVES: RESPONDENT Mr Davidson

JUDGMENT:

His Honour: This is an appeal pursuant to the provisions of s 56A of the Land and Environment Court Act against a decision of an assessor dismissing an application for development consent. The appeal is limited to questions of law.

On 16 September 1988, the assessor refused development consent for the use of premises at 56-70 George Street, Redfern, for the purpose of panel beating and spray painting. The assessor made the following orders:

is dismissed.

use panel beating and spray painting at the level of 56-70 George Street, development consent is granted for use to continue for a period of 60 days the date of this order subject to consent granted by the Council by notice determination dated 27 January 1982, and use shall be discontinued before the 3. ... ".

The subject site has a long and complex planning history. In 1959, Hardie J in the Land and Valuation Court gave judgment in favour of the applicant and gave consent under the County of Cumberland Planning Scheme Ordinance for erection of a three storey building and a suspended driveway and to use the land and structures for a service station and ancillary activities including the nominated ancillary activity of "carrying out of minor running repairs to motor cars". On 6 June 1973, Council granted consent for the carrying out of "motor vehicle repairs" between certain hours provided that no panel beating or spray painting was carried out and that the use should cease without compensation if at any time it resulted in adverse effect on the amenity of the area. There was a dispute in the proceedings as to whether the use consented to in 1973 commenced. However that may be, on 27 January 1982, the Council granted consent for the use of the land the subject of the present proceedings for panel beating in conjunct ion with the existing use of the balance of the premises for mechanical repairs subject to certain conditions, the most important one of which for present purposes was condition 10: