Blake v Lake Macquarie City Council & Anor [1989] NSWLEC 221

Land and Environment Court of New South Wales

CITATION : Blake v Lake Macquarie City Council & Anor [1989] NSWLEC 221 APPLICANT Blake PARTIES : RESPONDENT Lake Macquarie City Council & Anor FILE NUMBER(S) : 40198 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Local Government Act Environmental Planning and Assessment Act Kirby P. in Fatsel Pty. Ltd. v. ACR Trading (1987) 64 LGRA 177 at 192; Cleaver v. Byron Shire Council ((1975) 31 LGRA 31)]; Parramatta City Council v. Hale ((1982) 47 LGRA 319 at 335); CASES CITED: Boulton v. Burwood Municipal Council, Land and Environment Court, Unreported 28 July 1988). ; Jacfin v. Taft Entertainment Co. (Unreported 3 October 1985); King v. Great Lakes Shire Council ((1986) 58 LGRA 366 at 371) ; Wattie Canneries v. Hayes ((1987) 74 ALR 202 at 216-7); Prasad v. The Minister (65 ALR 549 at 562-3). DATES OF HEARING: DATE OF JUDGMENT: 08/03/1989

APPLICANT LEGAL REPRESENTATIVES: Mr Tamberlin QC

JUDGMENT:

HIS HONOUR: By application filed in the Court on 6 September 1988 Alan Noel Blake sought a Declaration that a development consent granted on 6 June 1988 to the second respondent, the Australian Volunteer Coastguard Association Incorporated, is invalid. The notification of the Consent on 22 June 1988 expressed the approval to be for the purpose of a boat shed and slip rails relating to land described as a site off the end of Lambton Parade and an unnamed road, Swansea Heads and part of a Crown Reserve for public recreation.