NSWNSWLEC
Signorelli Investments Pty Ltd v Sutherland Shire Council
[2001] NSWLEC 78
Land and Environment Court (NSW)|2001-04-09|Before: Talbot J, Mr J
View original sourceAt a glance
Source factsCourt
Land and Environment Court (NSW)
Decision date
2001-04-09
Before
Talbot J, Mr J
Source
Original judgment source is linked above.
Judgment (20 paragraphs)
[1]
- The applicant relies upon the availability of the land in the council public reserve at the rear for the provision of parking. There is no doubt that adequate parking space is provided on the council land. Nevertheless, there cannot be and indeed there is not any guarantee or even an acceptable expectation that the council land can be made available legally to the patrons of Doltone House whilever the reception centre use continues. Notwithstanding the attempt to establish existing use rights, for the time being its use for the purpose of a car park to be used in connection with the reception centre is expressly prohibited by the relevant planning instrument and is contrary to its classification as community land. Furthermore, the council obviously does not embrace the use.
[2]
- Until such time as the use of the public land, or for that matter some other land, is regularised to the extent that the Court can be satisfied it will be available for the use of patrons on a permanent and legal basis, the Court would be approving a use of the premises which is clearly and critically deficient in the provision of parking on site.
[3]