NSW Caselaw
Reported Decision : 106 LGERA 298
Land and Environment Court of New South Wales CITATION: Moto Projects (No 2) Pty Ltd V North Sydney C [1999] NSWLEC 280
PARTIES APPLICANT Moto Projects (No 2) Pty Ltd
RESPONDENT North Sydney Council
NUMBER: 10714A of 1997
CORAM: Bignold J
KEY ISSUES: Development :- Development:-modification of development consent granted by Court -whether development "substantially the same"
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 96(2)
DATES OF HEARING: 12/15/1999
DATE OF JUDGMENT DELIVERY: 12/17/1999
APPLICANT: Mr T S Hale, SC
SOLICITORS Minter Ellison
LEGAL REPRESENTATIVES: RESPONDENT: Mr D Parry, Barrister
SOLICITORS Mallesons Stephen Jaques
JUDGMENT: TABLE OF CONTENTS
A. INTRODUCTION 1- 3 B. THE MODIFICATION APPLICATION 4-9 C. THE EVIDENCE SUPPORTING THE MODIFICATION APPLICATION 10-24 D. IS THE DEVELOPMENT AS MODIFIED SUBSTANTIALLY THE SAME DEVELOPMENT? 25-71 E. CONCLUSIONS AND ORDERS 72-73 IN THE LAND AND Matter No . 10714 of 1997 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 17 December 1999
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