NSW Caselaw
Reported Decision : (2006)146 LGERA 271
Land and Environment Court of New South Wales
CITATION : Crighton Properties Pty Limited v Kiama Municipal Council [2006] NSWLEC 297
APPLICANT Crighton Properties Pty Limited PARTIES : RESPONDENT Kiama Municipal Council
FILE NUMBER(S) : 40119 of 2006
CORAM: Preston CJ
KEY ISSUES: Judicial Review :- council decision to reject development application pursuant to cl 51(1) of the Environmental Planning and Assessment Regulation 2000 on the basis that the application was not accompanied by documents specified by cl 2(1)(h) of Pt 1 of Sch 1 of the Regulation as required by cl 50(1) - cl 2(1)(h) requires documents if an environmental planning instrument requires arrangements for any matter to have been made before development consent granted - whether cll 27(1) and 74(1) of SEPP (Seniors Living) such an environmental planning instrument - cll 27(1) and 74(1) require consent authority to be satisfied that certain services will be provided, not that arrangements have been made - cl 2(1)(h) of Pt 1 of Sch 1 of the Regulation not applicable - council's decision to reject development application ultra vires.
Environmental Planning and Assessment Act 1979 (NSW), 78A(1), 78A(9) LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 cl 50(1), cl 50(3), cl 51(1), Sch 1 Pt 1 cl 2(1)(h) State Environmental Planning Policy (Seniors Living) 2004 cl 27(1), cl 27(2), cl 74(1)
CASES CITED: Codlea Pty Ltd v Byron Shire Council (1999) 105 LGERA 370
DATES OF HEARING: 22/05/2006
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