Progress & Securities Pty Ltd v North Sydney Municipal Council [1988] NSWLEC 11

Land and Environment Court of New South Wales

CITATION : Progress & Securities Pty Ltd v North Sydney Municipal Council [1988] NSWLEC 11 APPLICANT Progress & Securities Pty Ltd PARTIES : RESPONDENT North Sydney Municipal Council

FILE NUMBER(S) : 10524 of 1987 CORAM: Bignold J KEY ISSUES: :- Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Local Government Act 1919 Planning and Development Act Valhalla Cinemas Pty. Ltd. v. Leichhardt Municipal Council (1986) ; Sydney City Council v. Ilenace Pty. Ltd. (1984); Mangano v. Holroyd Municipal Council 26 LGRA 357; CASES CITED: Page v. Drummoyne Municipal Council 28 LGRA 263; Vidot v. Palmerston North City Council (1983); Greta Point Tavern Ltd. v. Wellington City Council (1986); Adelaide Pistol Club Incorp. v. District Council of Munno Para (1981) DATES OF HEARING: DATE OF JUDGMENT: 08/19/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: This is an appeal pursuant to s.102(5) of the Environmental Planning and Assessment Act 1979 against the failure of the Respondent as consent authority to determine within the requisite statutory period an application to modify a development consent previously granted by the Respondent. Subsequently the Respondent refused the application and on the hearing of the appeal has opposed it.

Section 102(1) of the said Act relevantly provides:-

"Upon application being made in the prescribed form by the applicant or .......... a consent authority which has granted development consent under this Division may modify the consent where -