CHRISTOPHER WILLIAM CRAWLEY v SYDNEY CITY COUNCIL [1998] NSWLEC 36 (12 March 1998) [1998] NSWLEC 48

CHRISTOPHER WILLIAM CRAWLEY v SYDNEY CITY COUNCIL [1998] NSWLEC 36 (12 March 1998) [1998] NSWLEC 48

The council's revocation of the building approval was invalid because neither misrepresentation nor failure to comply with a relevant requirement under the Act was established. Owner's consent for the common property was not required where works approved were confined to Lot 71. The Notice of Revocation did not refer to misrepresentation, and the application and plans did not include works on common property.

Jurisdiction
Australia
Judgment Date
12 March 1998
Procedural Posture
Class 4 Judicial Review Proceedings / Judgment
Outcome
Declaration granted
Legal Topics
['building Approvals' 'strata Title' 'revocation of Council Approvals' "owner's Consent"]
['administrative Law' 'local Government'] ['building Approvals' 'strata Title' 'revocation of Council Approvals' "owner's Consent"]

Case Brief

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Procedural Posture

Class 4 Judicial Review Proceedings / Judgment

Legal Issues

  1. 1 ['Whether the council validly revoked a building approval under s 108 of the Local Government Act 1993' "Whether owner's consent for common property was required under s 78(2)" 'Whether misrepresentation occurred under s 109(a)' 'Whether failure to comply with legislative requirements occurred under s 109(c)']

Ratio Decidendi

The council's revocation of the building approval was invalid because neither misrepresentation nor failure to comply with a relevant requirement under the Act was established. Owner's consent for the common property was not required where works approved were confined to Lot 71. The Notice of Revocation did not refer to misrepresentation, and the application and plans did not include works on common property.

Court Disposition

Declaration granted

Orders

  • ['A declaration that the purported revocation by the respondent on or about 22 October 1997 of Building Application Approval B1996-00232 dated 9 April 1996 in respect of Lot 71 Strata Plan 22481, ground floor 533-539 Kent Street, Sydney is invalid and of no force or effect.' 'The question of costs is reserved.' 'The...