NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Estate Project Developments Pty Ltd v City of Sydney Council [2005] NSWLEC 312
Estate Project Developments (Appl) PARTIES : City of Sydney Council (Resp)
FILE NUMBER(S) : 10057 of 2005
CORAM: McClellan CJ
Question of Law :- Whether development application was validly made KEY ISSUES: Owner's consent from Council required for part closure of the road Power of the Court to grant consent
Land and Environment Court Act 1979 (NSW) Local Government Act 1919 LEGISLATION CITED: Roads Act 1993 Public Health Act 1902 Environmental Planning and Assessment Act 1979
Connery v Manly Council (1999) 105 LGERA 451; Gibson v Mosman Municipal Council (2001) 114 LGERA 416; Hemmes Hermitage Pty Limited v City of Sydney Council [2004] NSWLEC 539; Kogarah Municipal Council v Kent (1981) 46 LGRA 334; McDougall v Warringah Shire Council (1993) 30 NSWLR 258; CASES CITED: North Sydney Municipal Council v P D Mayoh Pty Ltd (1988) 14 NSWLR 783; Sharreal Pty Ltd v Wyong Shire Council [1998] NSWLEC 300; Shellharbour Municipal Council v Rovili Pty Ltd (1989) 16 NSWLR 104; Strathfield Municipal Council v Drew (1985) 1 NSWLR 338.; Sydney City Council v Claude Neon Ltd (1989) 15 NSWLR 724
DATES OF HEARING: 2 June 2005
DATE OF JUDGMENT: 06/14/2005
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