Reported Decision: Notice of Intention to Appeal filed 3/4/09
165 LGERA 184
Land and Environment Court
of New South Wales
CITATION: Warlam Pty Ltd v Marrickville Council [2009] NSWLEC 23 PARTIES: APPLICANT:
RESPONDENT:
Warlam Pty Ltd
Marrickville CouncilFILE NUMBER(S): 10623 of 2008 CORAM: Biscoe J KEY ISSUES: EXISTING USE :- Principles of existing use rights – whether development application proposed that existing use for a boarding house be developed into a different use for a prohibited residential flat building – whether proposed development an evolution of existing use or an enlargement, expansion or intensification of existing use within cl 41(1) of the Environmental Planning and Assessment Regulation 2000 – whether council estopped from denying that proposed use was for purpose of a boarding house
Estoppel – whether council estopped from denying that proposed development, the subject of a development application, was for the purpose of a boarding house.
Development Consent - existing use, parking and drainage considerations.LEGISLATION CITED: Environmental Planning and Assessment Act 1979, ss 76B, 79C, 106, 107, 108, Pt 4 Div 10
Environmental Planning and Assessment Regulation 2000, cl 41
Marrickville Local Environmental Plan 2001
State Environmental Planning Policy No 10 – Retention of Low-Cost Rental Accommodation, cl 7(4)(e)CASES CITED: Adelaide Caravan Park Pty Ltd v Department of Industry, Technology and Commerce (1985) 7 ALD 756
Ashfield Municipal Council v Australian College of Physical Education Ltd (1992) 76 LGERA 151
Blair v Curran (1939) 62 CLR 464
Chamberlain v Deputy Commissioner of Taxation (1987-1988) 164 CLR 502
Co-Ownership Land Development Pty Ltd v Queensland Estates Pty Ltd (1973) 47 ALJR 519
Dorrestijn v South Australian Planning Commission (1984) 54 LGRA 99
Egan v Hawkesbury City Council (1993) 79 LGERA 321
Grace v Thomas Street Café Pty Ltd [2007] NSWCA 359, (2007) 159 LGERA 57
Holidays - A - Float Pty Ltd v Hornsby Shire Council (1992) 75 LGRA 127
Honig v Redfern [1949] 2 All ER 15 (1949) 47 LGR 447
Karmel & Co Pty Ltd (As Trustee for Urbanski Property Trust) v Federal Commissioner of Taxation [2004] ATC 2075
Kempsey Shire Council v Tebran Pty Ltd [2007] NSWLEC 731
Ku-ring-gai Municipal v Minister for Planning [2008] NSWLEC 174
Mackay v Newcastle City Council [2007] NSWLEC 377
New Brunswick Railway Co v British and French Trust Corporation Ltd [1939] AC 1
North Sydney Municipal Council v Boyts Radio and Electrical Pty Ltd (1989) 16 NSWLR 50
North Sydney Municipal Council v Sydney Serviced Apartments Pty Ltd (1990) 21 NSWLR 532
Pioneer Concrete (Qld) Pty Ltd v Brisbane City Council (1980) 145 CLR 485
Pittwater Council v Moore Development Group Pty Ltd [2004] NSWCA 278
Roberts v Waverley Municipal Council (1988) 14 NSWLR 423
Royal Agricultural Society of New South Wales v Sydney City Council (1987) 61 LGRA 305
Shire of Perth v O’Keefe (1964) 110 CLR 529
Woollahra Municipal Council v Banool Developments Pty Ltd (1973) 129 CLR 138
Woollahra Municipal Council v Minister for the Environment (1991) 23 NSWLR 710
Wyong Shire…
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