NSW Caselaw
Reported Decision : (1999) 103 LGERA 205
Land and Environment Court of New South Wales CITATION: Fairfield City Council v Holroyd City Council & Anor [1999] NSWLEC 122
PARTIES APPLICANT Fairfield City Council
FIRST RESPONDENT Holroyd City Council
SECOND RESPONDENT Nasser Pty Limited
NUMBER: 40240 of 1998
CORAM: Cowdroy AJ
KEY ISSUES: Development :- approval of doctor's surgery and methadone clinic in industrial zone - council imposing specific conditions and delegating final conditions to General Manager - final conditions not reflecting intention of council - final conditions uncertain and unreasonable within the Wednesbury doctrine - conditions not severable - consent invalid
LEGISLATION CITED: Local Government Act 1993, s377 Environmental Planning & Assessment Act 1979, s92
DATES OF HEARING: 05/17/1999; 05/18/1999; 05/19/1999
DATE OF JUDGMENT DELIVERY: 06/11/1999
APPLICANT Mr P J McEwen
SOLICITORS Kencalo & Ritchie
FIRST RESPONDENT Mr J A Ayling LEGAL REPRESENTATIVES: SECOND RESPONDENT Ms S Blackah
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