Watpac Construction (NSW) Pty Ltd v Council of the City of Sydney [2014] NSWLEC 163

Land and Environment Court New South Wales

Medium Neutral Citation: Watpac Construction (NSW) Pty Ltd v Council of the City of Sydney [2014] NSWLEC 163 Hearing dates: 1 October 2014 Decision date: 09 October 2014 Jurisdiction: Class 3 Before: Biscoe J Decision: (1) Pursuant to s 10(3) of the Access to Neighbouring Land Act 2000 the requirement to give notice under s 10(1) of that Act is waived.

(2) Pursuant to s 11(1) of the Access to Neighbouring Land Act 2000 the applicant is authorised, for a period of two years from the date of these orders, to access the portion of the land vested in the respondent known as Regimental Square situated at 339A George St, Sydney being Lot 1 in DP 254818 as marked in red on the plan at Annexure "A", for the purpose of carrying out the "Works" defined in, and subject to the terms set out in, the conditions of access agreed between the parties on 23 September 2014 as amended at the hearing, a copy of which is at Annexure "B".

(3) The applicant is to pay the respondent's costs of and incidental to these proceedings.

(4) Note that the respondent reserves the right to apply, in accordance with s 26 of the Access to Neighbouring Land Act 2000, for compensation arising from the access granted under Order 2.

(5) The exhibits may be returned. Catchwords: NEIGHBOUR APPLICATION - application for neighbouring land access order under s 11 Neighbouring Lands Act 2000 - whether s 5(1)(b) and (2) bar the application or the court's jurisdiction to make the order because the proposed works or access therefor are prohibited by s 44, or alternatively s 46(1)(b) and 47D(1), of Local Government Act 1993. Legislation Cited: Access to Neighbouring Land Act 2000 ss 5, 7, 10, 11, 15, 26, 27, 29 Conveyancing Act 1919 s 88K Land and Environment Court Act 1979 ss 20, 71 Local Government Act 1993 ss 35-36, 37-40A, 44, 46(1)(b), 47D(1), 674, 676, Dictionary Roads Act 1993 s 125, Dictionary Sydney Local Environmental Plan 2012 Cases Cited: F & D Bonaccorso Pty Ltd v Canada Bay Council [2007] NSWLEC 159 Friends of Pryor Park Inc v Ryde City Council and Sydney Montessori Society (1996) 91 LGERA 302 Marshall v Wollongong City Council [2000] NSWSC 137, (2000) 107 LGERA 73 Noake v North Sydney Council (unreported, Land and Environment Court of NSW, Murrell AJ, 23 December 1996) Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28, (1998) 194 CLR 355 Seaton v Mosman Municipal Council (1996) 93 LGERA 1 Category: Principal judgment Parties: Watpac Construction (NSW) Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: COUNSEL: L Livingstone (Applicant) M Astill (Respondent)