Lend Lease Developments Pty Ltd -V- Sydney City Council and Anor. [1999] NSWLEC 138

Lend Lease Developments Pty Ltd -V- Sydney City Council and Anor. [1999] NSWLEC 138

Public access to the tennis courts contemplated by the Master Plan would be adequately provided by Lend Lease's proposed arrangement: the courts need not be dedicated to the public, and equal public access for six days per week with one day reserved for Community Association members was reasonable in the circumstances of the substantial residential and commercial development and the agreed dedication of waterfront land.

Jurisdiction
Australia
Judgment Date
28 April 1999
Procedural Posture
Development Appeal / Ex Tempore Judgment on Remaining Disputed Issue
Outcome
Lend Lease's proposal on the tennis courts was preferred to Sydney City Council's proposed conditions; the matter was stood over for short minutes to give effect to the adjudication and the parties' agreements.
Legal Topics
['master Plan for Pyrmont Redevelopment' 'public Access to Tennis Courts' 'dedication of Land' 'community Title Subdivision']
['planning and Environment Law' 'development Consent'] ['master Plan for Pyrmont Redevelopment' 'public Access to Tennis Courts' 'dedication of Land' 'community Title Subdivision']

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Procedural Posture

Development Appeal / Ex Tempore Judgment on Remaining Disputed Issue

Legal Issues

  1. 1 ['Whether two tennis courts identified in the Master Plan should be dedicated to the public.' 'If dedication was not required, whether a condition of consent should guarantee equal opportunity for members of the public to use the courts with members of the Community Association.' 'Whether public access for six days per week, with exclusive Community Association use on Sunday, adequately gave effect to the Master Plan.']

Ratio Decidendi

Public access to the tennis courts contemplated by the Master Plan would be adequately provided by Lend Lease's proposed arrangement: the courts need not be dedicated to the public, and equal public access for six days per week with one day reserved for Community Association members was reasonable in the circumstances of the substantial residential and commercial development and the agreed dedication of waterfront land.

Court Disposition

Lend Lease's proposal on the tennis courts was preferred to Sydney City Council's proposed conditions; the matter was stood over for short minutes to give effect to the adjudication and the parties' agreements.

Orders

  • ['Parties invited to bring in short minutes to give effect to the adjudication and otherwise give effect to the inter partes agreements disposing of the litigation before the Court.' 'Matter stood over to the duty list on Friday morning.']