NSW Caselaw
Reported Decision : [2006] 146 LGERA 91
Land and Environment Court of New South Wales
CITATION : Burwood Area Community Housing Limited v Sutherland Shire Council [2006] NSWLEC 313
APPLICANT Burwood Area Community Housing Limited PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 10325 of 2006
CORAM: Preston CJ
KEY ISSUES: Question of Law :- whether development application was made only by or on behalf of a local government or community housing provider as required by Sch 3 of SEPP (Seniors Living) - applicant is a community housing provider - applicant entered into deed with third party such that applicant would have only very limited interest in the proposed development - third party is not a community housing provider - applicant acting as agent for the third party - development application was not made only by or on behalf of community housing provider.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 97 State Environmental Planning Policy (Seniors Living) 2004 cl 3, cl 16, cl 17, cl 22, Sch 3
Citizens Airport Environment Association Inc v Maritime Services Board (1993) 30 NSWLR 207; CASES CITED: R v Portus; ex parte FCU (1949) 79 CLR 428; R v Toohey; ex parte Attorney General (NT) (1980) 145 CLR 374
DATES OF HEARING: 01/06/2006
EX TEMPORE JUDGMENT DATE : 06/01/2006
APPLICANT Mr C A Biscoe (barrister) SOLICITORS LEGAL REPRESENTATIVES: Johninfo Lawyers RESPONDENT Mr T F Robertson SC SOLICITORS Abbott Tout
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