ALAN DAVIS MEDIA LIMITED v. LEICHHARDT MUNICIPAL COUNCIL (5 June 1998) [1998] NSWLEC 2

ALAN DAVIS MEDIA LIMITED v. LEICHHARDT MUNICIPAL COUNCIL (5 June 1998) [1998] NSWLEC 2

The addition of an advertising structure to the western wall of the Merton Estate Hotel is a legitimate 'use' of the building within the meaning of clause 15 of Leichhardt Local Environmental Plan No.20, and is permissible if conditions precedent are satisfied.

Jurisdiction
Australia
Judgment Date
05 June 1998
Procedural Posture
Appeal (class 1) Question of Law / Determination of Preliminary Question of Law Before Hearing on Merits
Outcome
Question of law answered in the affirmative; no order as to costs; returned to Registrar for hearing on merits.
Legal Topics
['development Consent' 'interpretation of Local Environmental Plan' 'permissibility of Advertising Structures' 'clause 15 of LEP 20']
['planning and Environment'] ['development Consent' 'interpretation of Local Environmental Plan' 'permissibility of Advertising Structures' 'clause 15 of LEP 20']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal (class 1) Question of Law / Determination of Preliminary Question of Law Before Hearing on Merits

Legal Issues

  1. 1 ['Whether the proposed development at 38 Victoria Road, Rozelle is permissible pursuant to Clause 15 of Leichhardt Local Environmental Plan Number 20']

Ratio Decidendi

The addition of an advertising structure to the western wall of the Merton Estate Hotel is a legitimate 'use' of the building within the meaning of clause 15 of Leichhardt Local Environmental Plan No.20, and is permissible if conditions precedent are satisfied.

Court Disposition

Question of law answered in the affirmative; no order as to costs; returned to Registrar for hearing on merits.

Orders

  • ['Question answered in the affirmative.' 'No order as to costs.' 'Exhibits may be returned.' 'Matter returned to Registrar for setting down for hearing on the merits, before an Assessor of the Court.']