NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Randall Pty Limited v Willoughby City Council [2005] NSWLEC 51
APPLICANT Randall Pty Limited PARTIES : RESPONDENT Willoughby City Council
FILE NUMBER(S) : 10071 of 2004
CORAM: Talbot J
Appeal :- question of utility where application refused by Commissioner on ground of merit. Whether Commissioner applied correct test of fact and degree for ancillary development. KEY ISSUES: Development consent :- test for finality. Development :- whether development ancillary to other development.
Land and Environment Court Act 1979 s 56A LEGISLATION CITED: Sydney Regional Environmental Plan No. 5 (Chatswood town Centre)
Mison v Randwick Municipal Council (1991) 23 NSWLR 734 ; Randall Pty Ltd v Willoughby City Council [2004] NSWLEC 98, unreported; CASES CITED: Randall Pty Limited v Willoughby City Council [2004] NSWLEC 295 unreported; Randall Pty Ltd v Willoughby City Council, [2004] NSWLEC 507, unreported; Scott v Wollongong City Council (1992) 75 LGRA 112
DATES OF HEARING: 14/02/2005
DATE OF JUDGMENT: 02/17/2005
APPLICANT Mr P R Clay (Barrister) SOLICITORS Moloney Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr J A Ayling SC with M/s H P Irish (Barrister) SOLICITORS Mallesons Stephen Jacques
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