NSW Caselaw
Reported Decision : (1999) 105 LGERA 451
Land and Environment Court of New South Wales CITATION: Connery v Manly Council [1999] NSWLEC 284
PARTIES APPLICANT Connery
RESPONDENT Manly Council
NUMBER: 10165 of 1999
CORAM: Cowdroy J
KEY ISSUES: Question of Law :- Appeal to permit use of dedicated but unmade road for access to a lot in approved subdivision - approval requiring lease be granted by council - council refusing lease - application for modification of condition - whether Court has jurisdiction to grant approval under s 138 of the Roads Act 1993 to make use of road
Environmental Planning and Assessment Act 1979 s 79C, s 96, s 97 LEGISLATION CITED: Land and Environment Court Act 1979 s 39(2) Roads Act 1993 s 7, s 138, s 139
DATES OF HEARING: 12/14/1999
DATE OF JUDGMENT DELIVERY: 12/23/1999
APPLICANT Mr P McClellan QC with Mr J Johnson (Barrister)
SOLICITORS McKees Legal Solutions LEGAL REPRESENTATIVES: RESPONDENT Mr W O'Rourke (Solicitor)
SOLICITORS Deacons Graham & James
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