NSW Caselaw
Land and Environment Court of New South Wales CITATION: Carstens v Pittwater Council [1999] NSWLEC 249
PARTIES APPLICANT: E C Carstens
RESPONDENT: Pittwater Council
NUMBER: 10093 of 1999
CORAM: Lloyd J
Section 56A Appeal :- misattribution of weight to relevant considerations not an error of law. KEY ISSUES: Construction and Interpretation - s 79C(1) - relevant considerations - objects of the Act may be considered. Practice & Procedure - views - procedural fairness applies - extent of duty to give reasons. Development - whether likely to significantly affect threatened species, populations or ecological communities - only the relevant tests in s 5A need be considered.
LEGISLATION CITED: Environmental Planning & Assessment Act 1979, s 5, s 5A, s 78A(8)(b), s 79C(1) Interpretation Act 1987, s 33, s 34(1)(2)
DATES OF HEARING: 09/02/1999; 09/03/1999
DATE OF JUDGMENT DELIVERY: 11/10/1999
APPLICANT: P C Tomasetti (Barrister) SOLICITORS: John D Hancock LEGAL REPRESENTATIVES: RESPONDENT: B J Preston (Barrister) SOLICITORS: Mallesons Stephen Jaques
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