Perpetual Trustee Company Limited v Stockton Municipal Council

The Perpetual Trustee Company Limited, as trustees of certain lands within the Municipality of Stockton, sought approval from the Stockton Municipal Council for a proposed subdivision of these lands for building purposes. The council refused to approve the submitted plan, insisting on the provision of lanes at the rear of the allotments to ensure access. The company argued that their proposed undertaking, which included a condition in sale contracts for a passage-way of at least 8 feet wide beside each main building leading to its rear, was sufficient to satisfy the requirements for access. The Supreme Court of New South Wales upheld the council's position, and the company applied to the High Court for special leave to appeal.

The central legal issue before the High Court was whether the council was entitled, under section 109(xliii) of the Local Government Act 1906 (NSW) and Ordinance No. 70 made pursuant to section 187 of that Act, to insist on the provision of lanes at the rear of allotments as the sole means of securing due ways of access to the rear of buildings. The company contended that their proposed passage-way, along with restrictions on building, constituted adequate means of access and that the council lacked the authority to mandate lanes when other sufficient means could be provided.

The High Court, in refusing special leave to appeal, affirmed the decision of the Supreme Court. The Court found no reason to doubt the correctness of the Supreme Court's judgment, which had relied on the authority of *Ex parte Bolton*. The Court's reasoning implicitly accepted that the council had the power to require lanes at the rear of allotments as a means of securing due ways of access, and that the proposed passage-way did not necessarily meet the council's requirements under the relevant legislation and ordinance. The application for special leave to appeal was therefore dismissed.