BRIAN DUNNE v. HURSTVILLE CITY COUNCIL [1998] NSWLEC 84 (7 May 1998) [1998] NSWLEC 35

Land and Environment Court of New South Wales

CITATION : BRIAN DUNNE v. HURSTVILLE CITY COUNCIL [1998] NSWLEC 84 (7 May 1998) [1998] NSWLEC 35 PARTIES : BRIAN DUNNE v. HURSTVILLE CITY COUNCIL [1998] NSWLEC 84 (7 May 1998) FILE NUMBER(S) : 10681 of 1997 CORAM: Pearlman J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 ss 99(4A), 102 CASES CITED: Coalcliff Community Association Inc v Minister of Urban Affairs and Planning (1997) 95 LGERA 114 at 129; Valhalla Cinemas Pty Ltd v Leichhardt Municipal Council (1986) 60 LGRA 240 at 246 DATES OF HEARING: 23 February 1998 DATE OF JUDGMENT: 05/07/1998

Mr D R Parry, Barrister LEGAL REPRESENTATIVES: Ms L D McCusker, Solicitor

JUDGMENT:

These class 1 proceedings are an appeal from the deemed refusal of Hurstville City Council ("the council") to grant a modification of a development consent pursuant to s 102 of the Environmental Planning and Assessment Act 1979 ("the EP&A Act").

The development the subject of the development consent was for a muscular therapy clinic. The subject premises are located at 325-327 Belmore Road, Riverwood ("the premises"). The applicant, Mr Brian Dunne, in partnership with Ms Qui Zhen Xui, carries on a business on the premises under the name "Health Body Services".

Development consent No 294/94 was granted by the council on 22 July 1994 subject to conditions, including condition 10 as follows: "10. This consent is valid only for a period of twelve (12) months from the date of Council's letter of consent. Further notification is required prior to the expiry of twelve (12) months from the date of this notice for any extension of time of this approval."