Waterview Wharf Workshops Pty Ltd v The Council of the Municipality of Leichhardt [1988] NSWLEC 21

Land and Environment Court of New South Wales

CITATION : Waterview Wharf Workshops Pty Ltd v The Council of the Municipality of Leichhardt [1988] NSWLEC 21 APPLICANT Waterview Wharf Workshops Pty Ltd PARTIES : RESPONDENT The Council of the Municipality of Leichhardt

FILE NUMBER(S) : 10639; 10631; 10632; 10633; 10634; 10635; 10636; 10637; 10638; 10640; 10641; 10642; 10643 of 1987 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Heritage Act CASES CITED: Grace Bros. Pty. Limited v. Willoughby Municipal Council & Anor., (1981) DATES OF HEARING: DATE OF JUDGMENT: 10/01/1988

APPLICANT LEGAL REPRESENTATIVES: RESPONDENT

JUDGMENT:

His Honour: There are thirteen appeals before the Court against the refusal of the Leichhardt Municipal Council to grant development consent for the use of the buildings at 37 Nicholson Street, Balmain, for commercial purposes. It is agreed that all matters be heard together. No. 19639/87 is an appeal against the refusal of the Council to grant development consent to Waterview Workshops Pty. Ltd. to change the use of certain buildings from a marina use to a "professional creative work space use". It is also agreed that if the Court is of the opinion that development consent should be granted to Waterview, development consent should be granted to the other applicants. Conversely, if consent is not to be granted to Waterview, it is to be refused to the other applicants. Finally, I should mention that the proceedings were conducted upon the basis that I should have regard to each activity presently being undertaken on the land and within the buildings for the purpose of determining whether the application of Wat erview should be approved.