NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wiggins v Pittwater Council [2006] NSWLEC 543
APPLICANT: James Joseph Kenneth Wiggins PARTIES : RESPONDENT: Pittwater Council
FILE NUMBER(S) : 11476 of 2005
CORAM: Lloyd J
KEY ISSUES: Appeal :- under section 56A of the Land and Environment Court Act 1979 – error of law – misconstruction of a relevant provision – consideration of the development control plan as a fundamental element in the decision-making process – applicable clause in development control plan – taking into account an irrelevant consideration
Environmental Planning and Assessment Act 1979 s 79C LEGISLATION CITED: Interpretation Act 1987 s 35(2) Land and Environment Court Act 1979 s 56A
Ai v Newcastle City Council (2003) 126 LGERA 194; CASES CITED: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139; Wiggins v Pittwater Council [2006] NSWLEC 286; Zhang v Canterbury City Council (2001) 51 NSWLR 589
DATES OF HEARING: 11/08/2006
DATE OF JUDGMENT: 09/12/2006
APPLICANT: S N Griffiths (solicitor) SOLICITORS: Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT: D T Miller (barrister) SOLICITORS: Mallesons Stephen Jaques
JUDGMENT: - 9 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Lloyd J
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