Tom Simmat v Warringah Shire Council [1988] NSWLEC 144

Land and Environment Court of New South Wales

CITATION : Tom Simmat v Warringah Shire Council [1988] NSWLEC 144 APPLICANT Ton Simmat PARTIES : RESPONDENT Warringah Shire Council FILE NUMBER(S) : 20149 of 1988 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 29/06/1988, 22/08/1988 DATE OF JUDGMENT: 11/01/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: This is an appeal to the Court pursuant to the provisions of s.56A of the Land and Environment Court against a decision of an assessor published on 22 August 1988 upholding an appeal against the refusal of the Warringah Shire Council to approve a building application lodged with the Council on 6 October 1987. At the conclusion of submissions, I dismissed the appeal. I now publish my reasons.

The applicant sought building approval for the carrying out of building work at Cottage Point in the Shire of Warringah. Development consent was not required. The application was refused by the Council on the grounds set out in its letter dated 11 February 1988. In essence it asserted that the proposed building would be an overdevelopment of the site. The appeal came on before the assessor on 29 June 1988. The hearing lasted approximately three days. The assessor had a view. Submissions were heard on 22 August 1988 and at the conclusion of the submissions the assessor gave his decision. He upheld the appeal and made an order approving the erection of the dwelling house subject to certain conditions. On 12 October 1988 the Council appealed against the orders made by the assessor on the following grounds:

"(a) The assessor did not fairly and properly consider the submissions of the respondent.