NSW Caselaw
Reported Decision : (1999) 106 LGERA 1
Land and Environment Court of New South Wales CITATION: Rosecorp Pty Limited v Leichhardt Municipal Council [1999] NSWLEC 95
PARTIES APPLICANT Rosecorp Pty Limited
RESPONDENT Leichhardt Municipal Council
NUMBER: 10641 of 1998
CORAM: Cowdroy A J
KEY ISSUES: :- appeal instituted against deemed refusal of council pursuant to s97 of the EPA Act - interim conservation order subsequently gazetted pursuant to s26 of the Heritage Act 1977 - court is not a "consent authority" as defined in s56 of the Heritage Act 1977 - no "prescribed application" as required by s67, s68, and s76 of the Heritage Act - court retaining power to determine appeal.
LEGISLATION CITED: appeal instituted against deemed refusal of council pursuant to s97 of the EPA Act - interim conservation order subsequently gazetted pursuant to s26 of the Heritage Act 1977 - court is not a "consent authority" as defined in s56 of the Heritage Act 1977 - no "prescribed application" as required by s67, s68, and s76 of the Heritage Act - court retaining power to determine appeal.
DATES OF HEARING: 04/08/1999
DATE OF JUDGMENT DELIVERY: 04/22/1999
APPLICANT Mr I J Hemmings
Solicitors Norton Smith & Co LEGAL REPRESENTATIVES: RESPONDENT Mr P J Schofield
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