Minas v Botany Municipal Council [1988] NSWLEC 131

Land and Environment Court of New South Wales

CITATION : Minas v Botany Municipal Council [1988] NSWLEC 131 APPLICANT Minus PARTIES : RESPONDENT Botany Municipal Council FILE NUMBER(S) : 10622 of 1987 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act Kremer & Associates v. North Sydney Municipal Council (1982; CASES CITED: McDonald Industries Ltd. v. Sydney City Council (1980)) ; Quota Corporation v. Leichhardt Municipal Council (1981); McCalden v. Newcastle City Council (1983) DATES OF HEARING: DATE OF JUDGMENT: 05/31/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: The Applicant by Notice of Motion seeks an Order that the Respondent pay his costs of a successful appeal brought in class 1 proceedings in this Court.

The Application for costs is made in accordance with the Court's Practice Direction No. 12 dated 16th November, 1987 which is in the following terms:-

"12. The practice of the Court is that no order for costs is made in Planning and Building Appeals unless the circumstances are exceptional.

As from this date a direction made by the Chief Judge that proceedings be heard by one or more assessors shall be interpreted as being a direction to hear the whole of the matter other than any question of costs.

Any application for costs should be made by notice of motion within 14 days of publication of the judgment."

The class 1 proceedings involved an appeal under s.97 of the Environmental Planning and Assessment Act against the decision of the Respondent refusing development consent to an application to convert an existing single storey dwelling situate at No. 4 Begonia Street, Pagewood into a dual occupancy involving a first floor addition to, and brick-veneering of, the existing dwelling.