Brooklyn Resort Pty Ltd - V - Hornsby Council [1999] NSWLEC 6

Land and Environment Court of New South Wales CITATION: Brooklyn Resort Pty Ltd - V - Hornsby Council [1999] NSWLEC 6

PARTIES Applicant Brooklyn Resort Pty Ltd

Respondent Hornsby Council

NUMBER: 10432 of 1998

CORAM: Lloyd J

KEY ISSUES: :- Payment of development application fee whether to Court or Respondent

LEGISLATION CITED: Payment of development application fee whether to Court or Respondent

DATES OF HEARING: 12/16/1998

DATE OF JUDGMENT DELIVERY: 02/04/1999

Applicant A H J Commons (s) LEGAL REPRESENTATIVES: Respondent J E Robson

JUDGMENT:

1. The applicant has brought an appeal under the Environmental Planning & Assessment Act 1979, s 97, against a determination by the respondent to refuse its consent to a development application. The proposed development in this case is designated development under s 77A of that Act. That fact requires the public exhibition and notification of the application in accordance with s 79. Formal public exhibition and notification in accordance with that section had not been undertaken when the application in this Court was filed because the respondent was not satisfied that the information accompanying the development application was complete. In determining to refuse the application the respondent refunded all but a portion of the development application fee which had been paid by the applicant.