Hope v Council of the City of Bathurst [1989] NSWLEC 161

Land and Environment Court of New South Wales

CITATION : Hope v Council of the City of Bathurst [1989] NSWLEC 161 APPLICANT Mr. Hope PARTIES : RESPONDENT Council Of The City Of Bathhurst FILE NUMBER(S) : 20603 of 1985 CORAM: Stein J KEY ISSUES: :- Local Government Act LEGISLATION CITED: Land and Environment Court Act Environmental Planning and Assessment Act Howard Hargrave Pty. Ltd. v. Penrith Municipal Council ((1958) 3 LGRA 260 at 263); Doonside Properties Ltd. v. Holroyd Shire Council ((1958) 4 LGRA 337 at 338); Robson v. Wollongong Municipal Council (1934 12 LGR 49); CASES CITED: Randwick Municipal Council v. Manousaki (NSW Court of Appeal Unreported 26 September 1988; Randwick Municipal Council v. Crawley 60 LGRA 277; DEK Investments Pty. Ltd. v. Sutherland Shire Council (1955); Ku-ring-gai Municipal Council v. Kuttner (1980) 41 LGRA 1) DATES OF HEARING: DATE OF JUDGMENT: 02/17/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: This is an appeal by Mr. Hope pursuant to s.56A of the Land and Environment Court Act against the decision of an Assessor imposing certain conditions on a subdivisional approval under the Local Government Act.

The application has had a somewhat chequered history. The matter was first heard by the Assessor in February 1987 and dismissed in April 1987. Mr. Hope appealed to the Court under s.56A and this appeal was upheld by the Chief Judge and the matter remitted to the Assessor for determination in accordance with the decision of the Court. Subsequently and on 20 April 1988 the Assessor published a decision which granted approval to the subdivision subject to a number of conditions, several of which are challenged by Mr. Hope in the present appeal as beyond power. In granting conditional approval the Assessor also ordered the appeal to be dismissed.