Csillag v Woollahra Council [2011] NSWLEC 17

Land and Environment Court New South Wales

Medium Neutral Citation: Csillag v Woollahra Council [2011] NSWLEC 17 Hearing dates: 11 May 2010, 12 May 2010 Decision date: 21 February 2011 Before: Craig J Decision: Orders as set out at [67] of judgment Catchwords: JUDICIAL REVIEW - notification and advertisement of development application - alterations and additions to a penthouse apartment in an existing building - correct identification of land to which development application related - development site with dual street frontages and assigned addresses - multiple separate buildings located on development site - sufficiency of address identifying only an apartment number and one of the recorded street addresses - Woollahra Development Control Plan for Advertising and Notification of Development Applications and Applications to Modify Development Consents - purposive construction of the DCP - material accompanying notification letters sufficient to identify location of proposed development - single street address and apartment number insufficient to meet the requirements for advertising - development consent suspended under s 25B of the Land and Environment Court Act 1979

COSTS - validity of development consent - one of two grounds of invalidity abandoned during the course of the hearing - significant evidence and preparation directed to the abandoned ground - Uniform Civil Procedure Rule 42.1 - successful applicant entitled to 25 per cent of costs Legislation Cited: Woollahra Development Control Plan for Advertising and Notification of Development Applications and Applications to Modify Development Consents Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 1995 Woollahra Residential Development Control Plan 2003 Cases Cited: Darling Casino Ltd v NSW Casino Control Authority [1997] HCA 11; (1997) 191 CLR 602 Kindimindi Investments Pty Ltd v Lane Cove Council [2007] NSWCA 38; (2007) 150 LGERA 333 Lesnewski v Mosman Municipal Council [2005] NSWCA 99; (2005) 138 LGERA 207 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Proprietors of SP 13318 and 13555 v Lavender View Regency Pty Ltd (1997) LGERA 337 Scurr v Brisbane City Council [1973] HCA 39 (1973) 133 CLR 242 Wilson v State Rail Authority of New South Wales [2010] NSWCA 198 Category: Principal judgment Parties: Lila Csillag (First applicant) Andrew James Csillag (Second applicant) Woollahra Municipal Council (First respondent) Geoffrey David Stein and Phillip Filler as executors of the Estate of the Late Grace Grunberg (Second respondent) Diana Saher and Abdul Houssein Moussa Beydoun (Third respondent) Representation: T T To (Applicants) I J Hemmings (First respondent) N/a (Second respondent) N/a (Third respondent) Herring & Associates Lawyers (Applicants) Wilshire Webb Staunton Beattie (First respondent) N/a (Second respondent) N/a (Third respondent) File Number(s): 40757 of 2009