NSW Caselaw
Reported Decision : 149 LGERA 329
New South Wales Court of Appeal
CITATION: Sydney City Council v Ipoh Pty Ltd [2006] NSWCA 300
HEARING DATE(S): 1 September 2006
JUDGMENT DATE: 3 November 2006
JUDGMENT OF: Hodgson JA at 1; Santow JA at 10; Tobias JA at 11
DECISION: a) Leave to appeal granted upon condition that a notice of appeal setting out the grounds of appeal be filed within seven days of the date of these orders; (b) Appeal allowed in part to the extent that the affirmative answer given by Talbot J on 21 March 2006 to Question 2 be set aside but that otherwise the appeal be dismissed; (c) The claimant to pay the opponent's costs of the summons for leave to appeal and of the appeal
CATCHWORDS: BUILDING CONTROL & TOWN PLANNING – consent and approval of councils – development application – where consent authority is the owner of the land – where the land is not a public road – subject land owned by council as investment asset – whether land remains "public land" - LAND AND ENVIRONMENT COURT – powers – Land and Environment Court Act 1979 s 39(2) – construction – whether powers of the Court under s 39(2) extend to an investment asset
Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 LEGISLATION CITED: Land and Environment Court Act 1979 Local Government Act 1919 Local Government Act 1993
Codlea Pty Ltd v Byron Shire Council (1999) 105 LGERA 370 Estate Project Developments Pty Ltd v Sydney City Council (2005) 141 LGERA 86 Hemmes Hermitage Pty Limited v City of Sydney Council [2004] NSWLEC 539 Jeblon Pty Ltd v North Sydney Municipal Council (1982) 48 LGRA 113 King v Great Lakes Shire Council (1986) 58 LGRA 366 Kogarah Municipal Council v Kent (1981) 46 LGRA 334 CASES CITED: McDougall v Warringah Shire Council (No 2) (1993) 30 NSWLR 258 North Sydney Municipal Council v P D Mayoh Pty Ltd (1988) 14 NSWLR 740 Piano v Woollahra Municipal Council (1990) 71 LGRA 62 Pimas Group Pty Ltd v Maritime Services Board (NSW) (1994) 82 LGERA 205 Shell Harbour Municipal Council v Rovili Pty Ltd (1989) 16 NSWLR 104 Strathfield Municipal Council v Drew (1985) 1 NSWLR 338 Sydney City Council v Claude Neon Ltd (1989) 15 NSWLR 724
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