NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Lonergan v Byron Shire Council [2000] NSWLEC 21 APPLICANT Lonergan PARTIES : RESPONDENT Byron Shire Council FILE NUMBER(S) : 10497 of 1997 CORAM: Pearlman J KEY ISSUES: Section 56A Appeal :- error of law - misdirection LEGISLATION CITED: Byron Local Environmental Plan 1988 Environmental Planning and Assessment Model Provisions 1980 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139; CASES CITED: Doyle v Newcastle City Council (1990) 71 LGRA 55; Londish v Knox Grammar School and Ors (1997) 97 LGERA 1 DATES OF HEARING: 12/11/99 DATE OF JUDGMENT: 02/11/2000
APPLICANT Mr T F Robertson (Barrister) SOLICITORS n/a LEGAL REPRESENTATIVES: RESPONDENT Mr P R Clay (Barrister) SOLICITORS Wilshire Webb
JUDGMENT:
IN THE LAND AND 10497 of 1997 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 11 February 2000
CHRISTOPHER RAYMOND LONERGAN Applicant v BYRON SHIRE COUNCIL Respondent
JUDGMENT
Introduction
1. This is an appeal under s 56A of the Land and Environment Court Act 1979 brought by Mr C R Lonergan against the decision of Commissioner Bly. The Commissioner dismissed an appeal against the refusal of Byron Shire Council to grant development consent for the use of certain structures as "beach amenities" on land at The Esplanade, New Brighton.
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