NSW Caselaw
Land and Environment Court of New South Wales CITATION: Arminella Pty Ltd v Ryde City Council [1999] NSWLEC 237
PARTIES APPLICANT: Arminella Pty Ltd
RESPONDENT: Ryde City Council
NUMBER: 10836 of 1998
CORAM: Lloyd J
KEY ISSUES: Section 56A Appeal :- application of cl 12 of SEPP 5 - no error of law.
LEGISLATION CITED: State Environmental Planning Policy No 5, cl 9 and 12.
DATES OF HEARING: 10/12/1999
DATE OF JUDGMENT DELIVERY: 10/20/1999
APPLICANT: G B Newport (Barrister)
SOLICITORS: Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT: S B Austin QC
SOLICITORS: Hill Thomson & Sullivan
JUDGMENT:
Contents
Paragraph
Background 1
Ground 1 6
Ground 2 10
Conclusion and Orders 11 _______________IN THE LAND AND Matter No: 10836 of 1998 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 20/10/99
Arminella Pty Ltd Applicant
v
Ryde City Council Respondent
JUDGMENT
HIS HONOUR:
Background
1. This is an appeal by the applicant under s 56A of the Land & Environment Court Act 1979 against a decision of a Commissioner of the Court dismissing an appeal against the deemed refusal of a development application. This appeal is limited by subsection 56A(1) to a question of law.
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