NSW Caselaw
Land and Environment Court of New South Wales CITATION: International Trucks Australia Pty Limited V Blacktown City Council [1999] NSWLEC 56
PARTIES Applicant International Trucks Australia Pty Limited
Respondent Blacktown City Council
NUMBER: 10718 of 1998
CORAM: Cowdroy AJ
KEY ISSUES: :- Development consent - appeal - application under s102 for modification of consent conditions accompanied by SEPP 1 objection - SEPP 1 objection to be made only at time of application for development consent - s102 application not disqualified by reason of concurrent right of appeal under s97 - condition of consent sought relating to land not owned by applicant - court empowered to deal with application - discretion exercised against imposition of a condition incapable of fulfilment
LEGISLATION CITED: Development consent - appeal - application under s102 for modification of consent conditions accompanied by SEPP 1 objection - SEPP 1 objection to be made only at time of application for development consent - s102 application not disqualified by reason of concurrent right of appeal under s97 - condition of consent sought relating to land not owned by applicant - court empowered to deal with application - discretion exercised against imposition of a condition incapable of fulfilment
DATES OF HEARING: 02/22/1999
DATE OF JUDGMENT DELIVERY: 03/16/1999
Applicant Mr M Astill (Solicitor)
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