NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Masterbuilt Pty Ltd v Tweed Shire Council [2006] NSWLEC 156
APPLICANT Masterbuilt Pty Limited PARTIES : RESPONDENT Tweed Shire Council
FILE NUMBER(S) : 10827 of 2005
CORAM: Bly C
KEY ISSUES: Development Application :- conditions of consent, roads and drainage, s. 94 contributions
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Tweed Roadn Contribution Plan S94 Plan No. 4. Development Control Plan No 16 - Subdivision Manual
CASES CITED: Newbury District Council v Secretary of State for the Environment [1981] AC 578 at 599-600; Trehy & Ingold v. Gosford City Council [1995] NSWLEC 113
DATES OF HEARING: 21, 22 and 23/02/2006
DATE OF JUDGMENT: 04/06/2006
APPLICANT Mr A. Galasso, barrister Instructed by Mr C. Gough of Storey & Gough
LEGAL REPRESENTATIVES: RESPONDENT Mr R. O'Gorman-Hughes, barrister Instructed by Mr J. Smith of Stacks/Northern Rivers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
6 April 2006
10827 of 2005 Masterbuilt Pty Limited v Tweed Shire Council
JUDGMENT Introduction 1 This appeal relates to the deemed refusal of development application No 04/1058 which is for the subdivision of land at 38 McAllisters Road, Bilambil Heights into 45 lots including 35 urban residential lots, 9 rural residential lots and 1 drainage lot.
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