NSW Caselaw
Reported Decision : (2000) 110 LGERA 464
Land and Environment Court of New South Wales
CITATION : Halpin v Sydney City Council [2000] NSWLEC 218 APPLICANT Halpin PARTIES : RESPONDENT Sydney City Council FILE NUMBER(S) : 10613 of 2000 CORAM: Cowdroy J KEY ISSUES: Development Application :- application for development of a lot within a strata scheme - owners corporation refusing consent - whether consent of owners corporation is required to constitute a valid development application pursuant to s 78A of the EPA Act - definition of 'owner' for the purposes of development Environmental Planning and Assessment Act 1979, s 4, s 78A Environmental Planning and Assessment Regulation 1994 Local Government Act 1919 LEGISLATION CITED: Local Government Act 1993 Strata Schemes (Freehold Development) Act 1973 Interpretation Act 1987 s 34 Strata Schemes (Leasehold Development) Act 1986 Bluewater District Services Pty Ltd v Sutherland Shire Council (1997-1998) 97 LGERA 389 ; CASES CITED: Crawley v Sydney City Council (1997-1998) 98 LGERA 21; Jeblon v North Sydney Municipal Council (1981-1982) 48 LGRA 113 ; North Sydney Council v Lygon 302 Pty Limited (1996) 185 CLR 470 DATES OF HEARING: 16/10/00 DATE OF JUDGMENT: 10/24/2000
APPLICANT Mr S Austin QC with Mr J Johnson
SOLICITORS David Hand Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr P McClellan QC
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