NSW Caselaw
Reported Decision : 117 LGERA 422
Land and Environment Court of New South Wales
CITATION : Chambers v Maclean Shire Council & Ors [2002] NSWLEC 1 APPLICANT Anita Chambers
FIRST RESPONDENT Maclean Shire Council PARTIES : SECOND RESPONDENT Paul Smith
THIRD RESPONDENT Yumi Smith FILE NUMBER(S) : 40140 of 2001 CORAM: Sheahan J KEY ISSUES: Judicial Review :- Preliminary question determined - permissibility - construction and application of SEPP 62 - principles of construction - meaning of word "area" in its context - conclusion reasonably open to consent authority Environmental Planning and Assessment Act 1979 s25(3) & s 76B Fisheries Management Act 1994 s 144 LEGISLATION CITED: Interpretation Act 1987 s 34(1)(a) and s 35(2)(c) Local Government Act 1993 State Environmental Planning Policy 62 Londish v Knox Grammar School (1997) 97 LGERA 1; CASES CITED: Saraswati v R [1991] ALR 193; Vanmeld Pty Ltd v Fairfield City Council [1997] NSWLEC 200 DATES OF HEARING: 28/11/2001 DATE OF JUDGMENT: 01/14/2002
APPLICANT Ms S Winters (Barrister)
FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr J B Maston (Barrister) Pickering Priestley (Solicitors) SECOND AND THIRD RESPONDENTS No appearance
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