Nguyen v Marrickville Municipal Council [1988] NSWLEC 114

Land and Environment Court of New South Wales

CITATION : Nguyen v Marrickville Municipal Council [1988] NSWLEC 114 APPLICANT MR. Nguyen PARTIES : RESPONDANT Marrickville Municipal Council FILE NUMBER(S) : 40222 of 1988 CORAM: Bignold J KEY ISSUES: :- Environmental Planning and Assessment Act LEGISLATION CITED: Local Government Act 1919 Interpretation Act 1987 Repeal and Amendment Act 1979 Leichhardt Municipal Council v. Fridrich Constructions Pty. Ltd.; Aitken v. South Sydney Municipal Council (1976); Woollahra Municipal Council v. Ageitos (1979) ; Caltex Oil (Aust) Pty. Ltd. v. Canterbury Municipal Council (1983); Tange v. Drummoyne Municipal Council (1955); G.T. Bissett and Co. v. Gosford City Council (1985); CASES CITED: Attorney-General v. Waverley Municipal Council (1979); Botany Municipal Council v. Feneck (1987); Hazell v. Parramatta City Council (1954) ; Tange v. Drummoyne Municipal Council (1955) ; Mitchell v. Sydney City Council (1956) .; Reg v. Barnet London Borough Council Ex p. Shah (1983); Watts v. Leichhardt Municipal Council (1981) DATES OF HEARING: 07/04/1988 DATE OF JUDGMENT: 04/07/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

JUDGMENT

Bignold J.: These are class 4 proceedings in which the Applicant seeks a declaration that a proposed development for which he has unsuccessfully sought development consent from the Respondent is not prohibited by the applicable planning law. More particularly he seeks a declaration that his proposed use (manufacturing clothing) of a particular building situate at the rear of his residence at No. 107 Railway Road, Sydenham is a use for a "home industry" within the meaning of the Marrickville Planning Scheme Ordinance.