NSW Caselaw
holding appeal filed Reported Decision : 153 LGERA 308
Land and Environment Court of New South Wales
CITATION : McGovern v Ku-ring-gai Council & Anor [2007] NSWLEC 22 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANTS David McGovern and Roslyn McGovern PARTIES : FIRST RESPONDENT Ku-ring-gai Council SECOND RESPONDENT Marilena Allan
FILE NUMBER(S) : 40607 of 2005
CORAM: Pain J
KEY ISSUES: Judicial Review :- invalidity of development consent - whether apprehension of bias by individual councillors and also Council as a whole in approving development consent - whether misrepresentation by applicant for development consent - whether failure to comply with statutory requirements by applicant for development consent - whether failure to take into account relevant considerations in approving development consent - whether irrelevant considerations taken into account by Council in approving development consent
Environmental Planning and Assessment Act 1979 s78A Environmental Planning and Assessment Regulation 2000 cl 50 Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 cl 11 Ku-ring-gai Planning Scheme Ordinance LEGISLATION CITED: Ku-ring-gai Residential Design Manual Development Control Plan 38 Local Government Act 1993 Ch 14, Sch 6 Local Government (General) Regulation 2005 Migration Act 1958 (Cth) Roads (Opening and Closing) Act, 1932-1978 (SA) Surveying Act 2002
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