NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Whitten v The Minister Administering the Ports Corpoatisation and Waterways Management Act 1995 [2005] NSWLEC 548
APPLICANT Barbara Frances Whitten
PARTIES : RESPONDENT The Minister Administering the Ports Corpoatisation and Waterways Management Act 1995
FILE NUMBER(S) : 10109 of 2005
CORAM: Hoffman C
Appeal :- Conditions of consent for an on-water structure - clutter of foreshore and over water structure - scenic protection - protection of aquatic grasses - proliferation of foreshore structures - adverse impact on adjoining heritage item - proposed furture character of harbour its setting and foreshores. KEY ISSUES:
Environmental Planning and Assessment Act 1979 Draft Sydney Regional Environmental Plan (Sydney Harobur Catchment 2004) LEGISLATION CITED: State Environmental Planning Policy 56 Sydney Harbour Foreshores & Tributaries SEPP 56 Development Control Plan for Sydney Harbour Sydney Regional Environmental Plan 23 (Sydney and Middle Harbours)
DATES OF HEARING: 5/09/2005 and 6/09/2005 EX TEMPORE JUDGMENT DATE : 09/07/2005
APPLICANT Mr I. Hemmings, barrister instructed by A. Whitten, solicitor of Whitten's Lawyers
LEGAL REPRESENTATIVES:
RESPONDENT Ms J. Jagot, barrister instructed by Mr P. Murray, solicitor of Minter Ellison
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