NSW Caselaw
Reported Decision : (1999) 104 LGERA 125
Land and Environment Court of New South Wales CITATION: Cross CJ v Hornsby Shire Council [1999] NSWLEC 126
PARTIES APPLICANT Cross CJ
RESPONDENT Hornsby Shire Council
NUMBER: 00005 of 1998
CORAM: Cowdroy AJ
KEY ISSUES: Development :- application to modify pursuant to s 96 of the Act in respect of two conditions imposed upon the development consent - council issuing notice of determination of the application in purported fulfilment of regulation 73A - council omitting to refer to one of two matters - notice failing to inform the applicant of the right of appeal - requirements of regulation 73A not fulfilled - requirements mandatory - Notice invalid.
Environmental Planning & Assessment Act 1979, s 96(2), s 97(1) LEGISLATION CITED: Environmental Planning & Assessment Regulations 1994, reg 73A Local Government Act 1919, s 342ZA
DATES OF HEARING: 05/27/1999
DATE OF JUDGMENT DELIVERY: 06/08/1999
APPLICANT Mr A Hyam
SOLICITORS n/a LEGAL REPRESENTATIVES: RESPONDENT Mr G McKee
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