NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ipoh Pty Limited v Sydney City Council [2006] NSWLEC 102
APPLICANT Ipoh Pty Ltd PARTIES : RESPONDENT Sydney City Council
FILE NUMBER(S) : 10323; 40376 of 2005
CORAM: Talbot J
KEY ISSUES: Development Application :- owners consent - whether the Court has power to give consent of council to a development application where the applicant is the lessee of operational land owned by council.
Environmental Planning and Assessment Act 1979, s79C LEGISLATION CITED: Land and Environment Court Act 1979, s39(2) Local Government Act 1993, ss 8, 22 and 23
Connery v Manly Council (1999) 105 LGERA 451 ; Ipoh Pty Ltd v Sydney City Council [2005] NSWLEC 498; McDougall v Warringah Shire Council (1993) 30 NSWLR 258, 80 LGERA 151; CASES CITED: North Sydney Municipal Council v P D Mayoh Pty Ltd (1988) 14 NSWLR 740, 66 LGRA 352; Paino v Woollahra Municipal Council (1990) 71 LGRA 62; Pimas Group Pty Limited v Maritime Services Board of NSW (1994) 82 LGERA 205; Shellharbour Municipal Council v Rovili Pty Ltd (1989) 16 NSWLR 104, 68 LGRA 231; Sydney City Council v Claude Neon Ltd (1989) 15 NSWLR 724, 67 LGRA 181
DATES OF HEARING: 14/12/2005, 14/02/2006 (written submissions), 22/02/2006 (final written submissions)
DATE OF JUDGMENT: 03/07/2006
APPLICANT Mr J A Ayling SC with Dr S Berverling (barrister) SOLICITORS Home Wilkinson Lowry LEGAL REPRESENTATIVES: RESPONDENT Mr M Craig QC with Ms J M Jagot (barrister) SOLICITORS Maddocks
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