Ku-Ring-Gai Municipal Council v. Masterplan Consultants Pty. Ltd. [1999] NSWCA 167

Ku-Ring-Gai Municipal Council v. Masterplan Consultants Pty. Ltd. [1999] NSWCA 167

The Wahroonga Car Park is not a 'public road' under the Local Government Act 1993 or the Roads Act 1993, nor does section 6 of the Roads Act confer a right of access; the proposed use is incompatible with the plan of management governing the car park, and no statutory or common law right of vehicular access exists for the owner of the subject site.

Jurisdiction
Australia
Judgment Date
25 May 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; Assessor's decision quashed; Proceedings remitted to Land and Environment Court; Application for leave to appeal dismissed with no order as to costs
Legal Topics
['community Land Management' 'legal Right of Vehicular Access' 'statutory Interpretation' 'appeals Procedure']
['local Government Law' 'administrative Law'] ['community Land Management' 'legal Right of Vehicular Access' 'statutory Interpretation' 'appeals Procedure']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the Wahroonga Car Park is a 'public road' within the meaning of relevant statutes" 'Whether owner of the subject site has a legal right of vehicular access over the car park to parking facilities on the site' 'Compatibility of proposed use with the plan of management under the Local Government Act']

Ratio Decidendi

The Wahroonga Car Park is not a 'public road' under the Local Government Act 1993 or the Roads Act 1993, nor does section 6 of the Roads Act confer a right of access; the proposed use is incompatible with the plan of management governing the car park, and no statutory or common law right of vehicular access exists for the owner of the subject site.

Court Disposition

Appeal allowed; Assessor's decision quashed; Proceedings remitted to Land and Environment Court; Application for leave to appeal dismissed with no order as to costs

Orders

  • ["Appeal in CA40305/97 allowed; decision of Bignold J of 16 May 1997 set aside; Question 1 answered 'no'" "Certiorari granted; Assessor Hussey's decision quashed" 'Application for leave to appeal (CA40722/97) dismissed with no order as to costs; each party to pay own costs' 'Proceedings (CA40373/99) remitted to Land...