Adams & Anor v Great Lakes Council & Anor (No 3) [2010] NSWLEC 224

Adams & Anor v Great Lakes Council & Anor (No 3) [2010] NSWLEC 224

The land did not become a Crown road in 1968 by reason of survey and notation 'required for road widening' on the Crown plan; said notation expresses future intent but not a definitive reservation as road. The land was not transferred to Great Lakes Council and remains Crown land reserved for future public requirements. The Council lacked authority to give owner's consent for DA 37/2009.

Jurisdiction
Australia
Judgment Date
29 October 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
Preliminary finding reversed; land not Crown road and not transferred to Council.
Legal Topics
['status of Crown Roads' "owner's Consent for Development Applications" 'statutory Interpretation' 'public and Crown Roads']
['property Law' 'administrative Law'] ['status of Crown Roads' "owner's Consent for Development Applications" 'statutory Interpretation' 'public and Crown Roads']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the small triangle of land abutting lot 4 became a Crown road upon resurvey in 1968' 'Whether the land was transferred to the Council as part of Kinka Road under gazettal in 2009' "Whether 'required for road widening' on Crown plans constitutes a reservation as road under governing statutes" "Whether the Council could give owner's consent for the purposes of DA 37/2009"]

Ratio Decidendi

The land did not become a Crown road in 1968 by reason of survey and notation 'required for road widening' on the Crown plan; said notation expresses future intent but not a definitive reservation as road. The land was not transferred to Great Lakes Council and remains Crown land reserved for future public requirements. The Council lacked authority to give owner's consent for DA 37/2009.

Court Disposition

Preliminary finding reversed; land not Crown road and not transferred to Council.

Orders

  • ['Court finds land is not Crown road for purposes of Crown Roads Act 1990 and Roads Act 1993.' "Council not permitted to give owner's consent for DA 37/2009." "Further declarations to be considered upon parties' submissions." 'Costs reserved.']