NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Avard v Clarence Valley Council [2006] NSWLEC 767
APPLICANT PARTIES : Gavin Avard RESPONDENT Clarence Valley Council
FILE NUMBER(S) : 10863 of 2006
CORAM: Pain J
KEY ISSUES: Development Application :- whether amendment to development application ought be allowed
LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 Sch 3, cl 14, cl 47, cl 55 Land and Environment Court Act 1979 s 39
Ebsworth v Sutherland Shire Council [2005] NSWLEC 603; CASES CITED: Ervin Mahrer v Strathfield Council (No 2) (2001) 115 LGERA 259 ; Radray Constructions Pty Ltd v Hornsby Shire Council (2006) 145 LGERA 292
DATES OF HEARING: 05/12/2006
DATE OF JUDGMENT: 12/06/2006
APPLICANT Mr N Eastman SOLICITOR LEGAL REPRESENTATIVES: Clarissa Heugill & Associates RESPONDENT Mr J Maston SOLICITOR Pickering Priestley
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
6 December 2006
10863 of 2006 Gavin Avard v Clarence Valley Council
JUDGMENT 1 Her Honour: These are Class 1 proceedings appealing against the refusal by the Council of a concrete batching plant. This is a Notice of Motion dated 13 November 2006 seeking an amendment of a description in a development application ("DA") as follows: 1. By amending the development site to that shown delineated in the survey of Steve Brailsford dated 4 September 2006 and that the survey be incorporated as part of the development application documentation.
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