BELINDA NIXON v. WYONG SHIRE COUNCIL [1998] NSWLEC 192 [1998] NSWLEC 29

Land and Environment Court of New South Wales

CITATION : BELINDA NIXON v. WYONG SHIRE COUNCIL [1998] NSWLEC 192 [1998] NSWLEC 29 PARTIES : BELINDA NIXON v. WYONG SHIRE COUNCIL [1998] NSWLEC 192 FILE NUMBER(S) : 20103 of 1998 CORAM: Cowdroy J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1919 Local Government Act 1993; s 68 s 124 sch 7 CASES CITED: Burwood Council v Gaetano Russo (No 40145/94, Talbot J, 14 March 1995) ; Raymond & Anor v South Sydney City Council (No 20136/95, Pearlman CJ, 7 May 1996) DATES OF HEARING: 19 August 1998 DATE OF JUDGMENT: 08/21/1998

Mr M W Anderson instructed by Ms B Nixon LEGAL REPRESENTATIVES: Mr P Tomasetti

JUDGMENT: 1 1. By Application Class 2 filed 22 June 1998 Belinda Nixon ("the Applicant") appealed against an order made pursuant to Section 124 of the Local Government Act 1993 issued by Wyong Shire Council ("the Council") dated 26 May 1998. The appeal raises for determination an issue concerning the power of Council to make such an Order.

2. On 6 May 1974 the owner of premises being Lot 31 Section 27 in Deposited Plan 4526 known as No 31 Wolseley Avenue, Tacoma made a building application to the Council to effect certain additions to premises already constructed on such lands. Subsequently the Council granted approval with the following condition:- Subject to the additions not being used for separate occupation.

3. By Order No 30 under the Table to Section 124 of the Local Government Act 1993, the Council ordered the owner of the subject lands to comply with Building Approval No 1339/74 and not use the additions for separate occupation .