NSW Caselaw
Reported Decision : 120 LGERA 109
Land and Environment Court of New South Wales
CITATION : Moore and Anor v Yarrowlumla Shire Council [2002] NSWLEC 62 APPLICANTS Moore and Anor PARTIES : RESPONDENT Yarrowlumla Shire Council FILE NUMBER(S) : 11089 of 2001 CORAM: Pearlman J Practice and Procedure :- application to strike out - class 1 appeal - whether objectors had right to appeal KEY ISSUES: Construction and Interpretation :- whether development application for designated development - independent or ancillary use - river toilet block LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 77A, s 97(1), s 98(1) Environmental Planning and Assessment Regulation 1994 cl 49 sch 3 Baulkham Hills Shire Council v O'Donnell (1990) 69 LGRA 404; CASES CITED: Foodbarn Pty Ltd v Solicitor-General (1975) 32 LGRA 157; Penrith City Council v Waste Management Authority and Anor (1990) 71 LGRA 376 DATES OF HEARING: 07/03/2002, 08/04/2002 DATE OF JUDGMENT: 05/03/2002
APPLICANT Ms E K Glover (Barrister) SOLICITORS Tetlow Jansen & Doyle LEGAL REPRESENTATIVES: RESPONDENT Mr A A Bradbury (Solicitor) SOLICITORS Minter Ellison
JUDGMENT:
IN THE LAND AND 11089 of 2001 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 3 May 2002
GILBERT MOORE and PHYLLIS FLEMING Applicants v YARROWLUMLA SHIRE COUNCIL Respondent
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