Leichhardt Municipal Council v Datt [1989] NSWLEC 220

Leichhardt Municipal Council v Datt [1989] NSWLEC 220

Although respondent breached the development consent by covering the facade with marble tiles, the court in its planning discretion finds it appropriate to allow the consent to be modified to permit the marble tiles, making lawful what had previously been unlawful.

Parties
Applicant: Leichhardt Municipal Council; Respondent: Chandra Datt
Jurisdiction
Australia
Judgment Date
28 July 1989
Procedural Posture
Class 4 and Class 2 Proceedings / Judgment After Hearing
Outcome
Class 4 application dismissed; modification of development consent allowed; respondent to pay applicant's costs for one day of proceedings, otherwise no order as to costs.
Legal Topics
Modification of Development Consent, Compliance With Development Conditions, Planning Discretions
Planning Law Environmental Law Modification of Development Consent Compliance With Development Conditions Planning Discretions

Case Brief

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Parties

Leichhardt Municipal Council

Applicant

Chandra Datt

Respondent

Procedural Posture

Class 4 and Class 2 Proceedings / Judgment After Hearing

Legal Issues

  1. 1 Whether respondent breached development consent conditions by covering facade with marble tiles instead of bagged, bricked or sandstoned as required
  2. 2 Whether court should exercise discretion to allow modification of consent to permit marble tiles

Ratio Decidendi

Although respondent breached the development consent by covering the facade with marble tiles, the court in its planning discretion finds it appropriate to allow the consent to be modified to permit the marble tiles, making lawful what had previously been unlawful.

Court Disposition

Class 4 application dismissed; modification of development consent allowed; respondent to pay applicant's costs for one day of proceedings, otherwise no order as to costs.

Orders

  • Consent modified to permit marble tiles on the facade as constructed.
  • Class 4 application dismissed.