Lederer & Ors v Sydney City Council [2001] NSWLEC 272

Lederer & Ors v Sydney City Council [2001] NSWLEC 272

The order issued under s 121B of the Environmental Planning and Assessment Act 1979 was invalid because it referred ambiguously to the sign to be removed and substantially differed from the notice of intention, without requisite fresh notice; further, the statement of reasons failed to comply with statutory requirements. The current vinyl membrane sign is not authorised by the 1983 development consent, which applies only to a painted wall sign.

Parties
Applicant: Andrew Lederer; Applicant: Gizela Fiala; Applicant: Hexiva Pty Ltd; Respondent: Sydney City Council
Jurisdiction
Australia
Judgment Date
03 December 2001
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal allowed
Legal Topics
Development Consent, Existing Use Rights, Interpretation of Planning Instruments, Heritage Protection, Enforcement Orders
Planning Law Environmental Law Administrative Law Development Consent Existing Use Rights Interpretation of Planning Instruments Heritage Protection Enforcement Orders

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Parties

Andrew Lederer

Applicant

Gizela Fiala

Applicant

Hexiva Pty Ltd

Applicant

Sydney City Council

Respondent

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 Validity of council order under s 121B of the EP&A Act
  2. 2 Scope of 1983 development consent for advertising sign
  3. 3 Abandonment or continuance of existing use rights

Ratio Decidendi

The order issued under s 121B of the Environmental Planning and Assessment Act 1979 was invalid because it referred ambiguously to the sign to be removed and substantially differed from the notice of intention, without requisite fresh notice; further, the statement of reasons failed to comply with statutory requirements. The current vinyl membrane sign is not authorised by the 1983 development consent, which applies only to a painted wall sign.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • The order under s 121B of the Environmental Planning and Assessment Act 1979 dated 1 August 2000 is revoked.