NSW Caselaw
Land and Environment Court of New South Wales CITATION: Brooks - V - Hornsby Shire Council [1999] NSWLEC 40
PARTIES APPLICANT: Brooks
RESPONDENT: Hornsby Shire Council
NUMBER: 40229 of 1998
CORAM: Lloyd J
KEY ISSUES: :- Injunction - whether any utility in granting mandatory relief. Costs - where declaratory relief not opposed.
LEGISLATION CITED: Injunction - whether any utility in granting mandatory relief. Costs - where declaratory relief not opposed.
DATES OF HEARING: 02/25/1999
DATE OF JUDGMENT DELIVERY: 03/05/1999
APPLICANT: S A Duggan Solicitors: Bartier Perry LEGAL REPRESENTATIVES: RESPONDENT: D R Parry Solicitors: Abbott Tout
JUDGMENT:
The applicant is the owner of land within the local government area of the respondent, being Lot 6 in DP 25800. Part of the land is zoned Open Space A (Public Recreation - Local) under Hornsby Shire Local Environmental Plan 1994.
2. Clause 17(5) of Hornsby Shire Local Environmental Plan 1994 provides:
"(5) The owner of land in the Open Space A (Public Recreation - Local) zone may request, in writing, the Council to acquire the land. On receipt of the request, the Council must acquire the land."
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