Woodhouse v City of Sydney Council [2013] NSWLEC 182

Land and Environment Court New South Wales

Medium Neutral Citation: Woodhouse v City of Sydney Council [2013] NSWLEC 182 Hearing dates: 22 October 2013 Decision date: 25 October 2013 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Declaration that the canopy proposed by the respondent in drawing no FG-PU-TD-100 referred to as "Fitzroy Gardens Playground Upgrade" located in Kings Cross is not exempt development and requires development consent pursuant to s 76A(1) of the Environmental Planning and Assessment Act 1979. (2) Order that the respondent be restrained from constructing the said canopy unless it is modified so as to comply with the applicable development standards in Schedule 1 of State Environmental Planning Policy (Infrastructure) 2007 or unless a development consent has been granted for it in accordance with the requirements of the Environmental Planning and Assessment Act 1979. (3) Order that the respondent pay 25 per cent of the applicant's costs of the proceedings unless either party applies for a different costs order by letter delivered to the Registrar within 7 days accompanied by written submissions. (4) The exhibits may be returned. Catchwords: JUDICIAL REVIEW - whether respondent council's works for the upgrading of a playground in Fitzroy Gardens, Kings Cross is exempt development - whether classification as exempt development requires compliance with cl 20A and Sch 1 as well as cl 66 of State Environmental Planning Policy (Infrastructure) 2007 - whether under cl 20A and Sch 1 proposed canopy is not exempt development because it does not comply with development standards specified in Sch 1 - whether by virtue of cl 20A and Sch1 demolition element of the works is not exempt development. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 36(1), 76, 76A, 76B, Part 5 State Environmental Planning Policy (Infrastructure) 2007 cll 5(1), 5(3)(g), 5(4), 8(1), 20, 20A, 65(3)(e), 66, Part 2 Division 4, Part 3, Sch 1 Standard Instrument (Local Environmental Plans) Order 2006 Dictionary Sydney Local Environmental Plan 2012 cll 2.7, 5.10(2)(a) Cases Cited: Council of the City of Newcastle v Royal Newcastle Hospital [1957] HCA 15, (1957) 96 CLR 493 Royal Agricultural Society (NSW) v Sydney City Council (1987) 61 LGRA 305 Shire of Perth v O'Keefe [1964] HCA 37, (1964) 110 CLR 529 Category: Principal judgment Parties: Andrew Lance Woodhouse (Applicant) City of Sydney Council (Respondent) Representation: RESPONDENT: D Grieve QC and D Coulton (Applicant) P Clay SC and A Isaacs (Respondent) APPLICANT: N/A (Applicant) Council of the City of Sydney (Respondent) File Number(s): 40644/13