Rose Bay Afloat Pty Ltd (Formerly Known As Titanic Floating Restaurant Pty Ltd) v Woollahra Council & Anor. [2002] NSWLEC 208

Reported Decision : 126 LGERA 36

Land and Environment Court of New South Wales

CITATION : Rose Bay Afloat Pty Ltd (Formerly Known As Titanic Floating Restaurant Pty Ltd) v Woollahra Council & Anor. [2002] NSWLEC 208 APPLICANT: Rose Bay Afloat Pty Ltd (Formerly Known As Titanic Floating Restaurant Pty Ltd)

PARTIES : RESPONDENT Woollahra Council

INTERVENOR The Waterways Authority FILE NUMBER(S) : 10957 of 2001 CORAM: Bignold J KEY ISSUES: Development Application :- application to amend so that development is relocated on a development site-whether changes to proposed development constitute a new application LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000, cl 49, cl 50 and cl 55 Supreme Court Rules, Part 8, r 8 Ervin Mahrer v Strathfield Council (No 2) (2001) 115 LGERA 259; North Sydney Council v Ligon 302 Pty Ltd (1996) 185 CLR 470; CASES CITED: Reeson v Warringah Shire Council (Cripps CJ unreported 16 October 1990); Royal Motor Yacht Club v Sutherland Shire Council (Bignold J unreported 26 June 1987); Wharf 11 Pty Ltd v Sydney City Council (Cripps CJ unreported 15 February 1991) DATES OF HEARING: 05/09/02, 19/09/02 DATE OF JUDGMENT: 11/18/2002

APPLICANT: Mr J Robson, Barrister SOLICITORS Applicant Blake Dawson Waldron

RESPONDENT Mr P Clay, Barrister LEGAL REPRESENTATIVES: SOLICITORS Michell Sillar