NSW Caselaw
Land and Environment Court of New South Wales CITATION: Garry Dent V Hastings Council [1999] NSWLEC 9
PARTIES Applicant Garry Dent
Respondent Hastings Council
NUMBER: 10698 of 1998
CORAM: Sheahan J
KEY ISSUES: :- Preliminary Question of Law - Development Control Plan - inconsistency with other instruments
LEGISLATION CITED: Preliminary Question of Law - Development Control Plan - inconsistency with other instruments
DATES OF HEARING: 02/03/1999
DATE OF JUDGMENT DELIVERY: 02/05/1999
Prosecutor Mr P McEwen SC Mr L Lim of Gadens Lawyers LEGAL REPRESENTATIVES: Respondent Mr T Robertson Mr S Miles of Donovan Oates Hannaford
JUDGMENT: IN THE LAND AND Matter No: 10698 of 1998 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 5 February 1999
GARRY DENT Applicant v
HASTINGS COUNCIL Respondent
JUDGMENT
Introduction
1. This Class 1 application is listed for hearing on Monday 8 February 1999, and some preliminary questions of law have lately arisen, requiring early determination.
2. The Class 1 application, filed on 14 October 1998, appeals against the deemed refusal by Council of a development application, lodged on 31 July 1998, for the construction of a substantial residential development, with associated shops and carpark, worth approximately $12 million.
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